Dismissed

M/S Asha Paints Store v. Imamuddin Khan S/O Shri Haji Rahim

Rajasthan HC5 Jul 2023CW/7342/2023

Case brief

AI extract

What is this about?

S.B. Civil Writ Petition challenging an order by the Rent Tribunal dismissing an application for amendment in a reply to an eviction petition. The Court dismissed the writ petition, holding no serious illegality was committed and the new tenancy did not affect the eviction controversy.

What did the court decide?

The writ petition stands dismissed; no interference with the Rent Tribunal's order allowed.

M/S Asha Paints Store Vs Imamuddin Khan S/O Shri… — Writ and Judicial Review | Rajasthan HC (2023)

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( 2023:RJ-JP:13617 )

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 7342/2023

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M/s Asha Paints Store, Plot No. 199, Jalupura Main Road, Jaipur Through Proprietor Shri Hanumant Singh S/o Kishan Singh R/o 23, Ganeshpuri Colony Hasanpura Ward No. 4, Jaipur, Rajasthan.

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----Petitioner

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Versus

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Imamuddin Khan S/o Shri Haji Rahim, R/o 108, Jalupura, Near Nurani Masjid, Jaipur, Rajasthan.

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----Respondent

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For Petitioner(s) : Mr. Anil Kumar Sharma. For Respondent(s) :

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HON'BLE MR. JUSTICE INDERJEET SINGH

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Order

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05/07/2023

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This writ petition has been filed by the petitioner-tenant challenging the order dated 21.04.2023 passed by the learned Rent Tribunal, Jaipur Metropolitan-II whereby the application filed on behalf of the petitioner-tenant under Order 6 Rule 17 read with Section 21 of Rent Control Act was dismissed.

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Brief facts of the case are that the respondent-landlord filed an eviction application against the petitioner-tenant before the Rent Tribunal, Jaipur Metropolitan-II. During pendency of the eviction application the petitioner-tenant filed an application under Order 6 Rule 17 read with Section 21 of Rent Control Act for amendment in the reply to the application which was dismissed by the learned Rent Tribunal, Metropolitan-II vide order dated 21.04.2023. Hence, this writ petition has been filed by the petitioner-tenant challenging the order dated 21.04.2023 passed by the learned Rent Tribunal, Jaipur Metropolitan-II.

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[CW-7342/2023]

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(2 of 2)

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Counsel for the petitioner-tenant submits that the learned Rent Tribunal has committed serious illegality in dismissing the application filed on behalf of the petitioner-tenant. Counsel further submits that after filing of the reply to the application the respondent-landlord has given one another shop to ‘Butcher’ (Meat shop) on rent, on account of which the respondent-landlord wants to create a pressure on the petitioner-tenant for vacating the shop, therefore, this facts is necessary to be taken on record and prayed for allowing the writ petition filed on behalf of the petitioner-tenant.

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Heard counsel for the petitioner and perused the record.

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This writ petition filed by the petitioner deserves to be dismissed for the reasons; firstly, the learned Rent Tribunal has not committed any serious illegality in dismissing the application filed on behalf of the petitioner-tenant as the facts mentioned in the application is not relevant to decide the controversy involved in the eviction application; secondly, the Rent Tribunal has to decide the eviction application on its merits and the another shop which has been given on rent by the respondent-landlord to ‘Butcher’ (Meat shop) will not affect the controversy involved in the eviction application & lastly, in the facts and circumstances of the present case, in my view, no case is made out for interference by this court under Article 227 of the Constitution of India.

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In that view of the matter, this writ petition stands dismissed.

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(INDERJEET SINGH),J

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MG/63

M/S Asha Paints Store v. Imamuddin Khan S/O Shri Haji Rahim

Case brief

What is this about?

What did the court decide?

M/S Asha Paints Store v. Imamuddin Khan S/O Shri Haji Rahim

Case brief

What is this about?

What did the court decide?

What the court decided

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