Dismissed

Hameed Son of Noor Mohammad v. Praveen Kumar Pareek Son of Late Shri Prem Narayan Pareek

Rajasthan HC11 Jul 2023CW/4939/2022

Case brief

AI extract

What is this about?

Petitioner challenged Rent Tribunal's dismissal of an application under Order 11 Rule 12 CPC. Court held no illegality occurred, matter involves eviction, and evidence must be submitted to Tribunal. Dismissed writ petition.

What did the court decide?

Petitioner's writ petition and all pending applications dismissed by the Rent Tribunal upheld.

Hameed Son of Noor Mohammad Vs Praveen Kumar Pareek… — Landlord and Tenant | Rajasthan HC (2023)

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2023:RJ-JP:13963

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 4939/2022

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Hameed Son Of Noor Mohammad, R/o Shopkeeper, Lal Haveli Nahargarh Road, House No. 2388, Bag Works, Purani Basti, Jaipur.

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----Petitioner

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Versus

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Praveen Kumar Pareek Son Of Late Shri Prem Narayan Pareek, Aged About 46 Years, R/o House No. 2388, Lal Haveli, Nahargarh Road, Purani Basti, Jaipur.

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----Respondent

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For Petitioner(s) : None present For Respondent(s) :

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HON'BLE MR. JUSTICE INDERJEET SINGH

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Order

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11/07/2023

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None present on behalf of the petitioner.

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On 18.04.2023, this Court passed the following order:-

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“None present on behalf of the petitioner. However, in the interest of justice, one last chance is given to the counsel for the petitioner to remove the defects. List on 11.07.2023.”

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Instant writ petition has been filed by the petitioner challenging the order dated 02.02.2019, whereby, the application filed on behalf of the petitioner under Order 11 Rule 12 of CPC was dismissed.

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Brief facts of the case are that the respondent-landlord filed eviction application against the petitioner-tenant before the learned Rent Tribunal. During the pendency of the said matter, the petitioner-tenant filed an application under Order 11 Rule 12 of

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(2 of 2) [CW-4939/2022]

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CPC, which was dismissed by the learned Rent Tribunal vide its order dated 02.02.2019. Hence, the present writ petition has been filed by the petitioner challenging the order dated 02.02.2019 passed by the learned Rent Tribunal.

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I have perused the order dated 02.02.2019 passed by the learned Rent Tribunal.

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In my considered view, the learned Rent Tribunal has not committed any illegality in dismissing the application filed on behalf of the petitioner-tenant and the matter relates to the eviction of shop on account of bonafide and personal necessity, therefore, the parties have to submit their evidence in support of their contention before the learned Rent Tribunal. The documents which the petitioner wants to produce are not necessary to decide the controversy involved in the matter.

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In that view of the matter, no case is made out for interference by this Court under Article 227 of the Constitution of India.

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Hence, the present writ petition stands dismissed. All the pending applications also stand dismissed.

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(INDERJEET SINGH),J

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Upendra Pratap Singh /10

Hameed Son of Noor Mohammad v. Praveen Kumar Pareek Son of Late Shri Prem Narayan Pareek

Case brief

What is this about?

What did the court decide?

Hameed Son of Noor Mohammad v. Praveen Kumar Pareek Son of Late Shri Prem Narayan Pareek

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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