Writ petition filed challenging the Rent Tribunal's dismissal of an application to place ownership documents on record. Court found no illegality as ownership determination is beyond Rent Tribunal's jurisdiction.
The writ petition challenging the Rent Tribunal's order is dismissed.
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[2023:RJ-JP:19250]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 1988/2023
Fath Singh S/o Haridas, Aged About 54 Years, R/o Near Baba Ramdev Temple, Near Chambal Ki Choti Puliya, Kacchi Basti, Bapu Colony, Kota.
----Petitioner
Versus
Kalu Lal S/o Ganga Ram, R/o Near Government Sulabh Complex, Nayapura, Kota.
----Respondent
For Petitioner(s) : Mr. Amit Dadhich. For Respondent(s) :
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
25/08/2023
This writ petition has been filed by the petitioner-non applicant challenging the order dated 14.11.2022 passed by the Rent Tribunal, Kota whereby the application filed on behalf of the petitioner-non applicant for taking the additional documents on record was dismissed.
Counsel for the petitioner-non applicant submits that the said documents relates to ownership of the property in dispute which is necessary to be taken on record, therefore, the Rent Tribunal has committed serious illegality in dismissing the application filed on behalf of the petitioner-non applicant.
Heard counsel for the petitioner-non applicant and perused the material available on record.
The Rent Tribunal in its order has observed that the documents which the petitioner-non applicant wants to place on
[2023:RJ-JP:19250]
[CW-1988/2023]
(2 of 2)
record, relates to ownership of the property in dispute and the trial court has further observed that whether the applicant or non applicant who is owner of the property in dispute it is beyond the jurisdiction of the Rent Tribunal.
Therefore, in my considered view, no illegality has been committed by the Rent Tribunal in passing the of the order dated 14.11.2022.
In that view of the matter, no case is made out for interference by this court under Article 227 of the Constitution of India.
Hence, this writ petition stands dismissed.
(INDERJEET SINGH),J
MG/33
1 issue framed by the court
Whether the Rent Tribunal committed an illegality by dismissing the petitioner-non applicant's application for taking documents relating to property ownership on record.
Fath Singh S/o Haridas
Kalu Lal S/o Ganga Ram
Inderjeet Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
