Dismissed

Shri Mahendrasingh S/O Late Shri Darshansingh v. Smt. Shimla W/O Late Shri George Fraklin (Deceased)

Rajasthan HC6 May 2024CW/2801/2024

Case brief

AI extract

What is this about?

This writ petition challenged the Rent Tribunal's order allowing affidavits of deceased and surviving applicants to be recorded during a tenancy dispute. The High Court, exercising supervisory jurisdiction under Article 227, found the Tribunal's order well-reasoned and in the interest of justice, dismissing the petition as devoid of merit.

What did the court decide?

The writ petition was dismissed being devoid of merit; the impugned order dated 22.11.2023 stands affirmed.

Shri Mahendrasingh S/O Late Shri Darshansingh Vs Smt… — Landlord and Tenant | Rajasthan HC (2024)

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[2024:RJ-JP:21359]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 2801/2024

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Shri Mahendrasingh S/o Late Shri Darshansingh, R/o Kishanganj, Beawar, District Ajmer (Raj.) Owner Business Gurunanak Tyre Tube Repairing, Shop Number 4,mu. No.8, Opp. M G Group Building, Outside Chang Gate, Station Road, Beawar, District Ajmer (Raj.)

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----Petitioner/Non-Applicant

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Versus

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Smt. Shimla W/o Late Shri George Fraklin (Deceased),

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Shri Joyal Fraklin @ Jolly S/o Late Shri George Fraklin,

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Shri Peeter George S/o Late Shri George Fraklin,

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Shri Monu George S/o Late Shri George Fraklin, All R/o Mission Compound, Beawar (Raj.)

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Smt. Sanjulata George W/o Shri Oliver Nanak D/o Late Shri George Fraklin, R/o Dhobi Talai, Near Gurudwara, Gali No. 2, Rani Bazar, Bikaner, District Bikaner (Raj.)

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----Respondents/applicants

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For Petitioner(s) : Mr. Saurabh Bhandari with Mr. J.K. Moolchandani

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For Respondent(s) :

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HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Judgment / Order

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06/05/2024

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This writ petition under Article 227 of the Constitution of India is directed against the order dated 22.11.2023 passed by the learned Rent Tribunal Beawar, District Ajmer (for brevity, “the learned Rent Tribunal”) whereby, while allowing an application filed by the respondents no.2 to 5/applicants (for brevity, “the applicants”), their affidavits have been taken on record by way of examination-in-chief.

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Assailing the order, learned counsel for the petitioner/nonapplicant (for brevity, “the non-applicant”) submits that the order impugned has been passed by the learned Rent Tribunal ignoring that there is no provision under the Rajasthan Rent Control Act,

[2024:RJ-JP:21359]

[CW-2801/2024]

(2 of 2)

2001 for taking on record the affidavits of the parties by way of their examination-in-chief, if not submitted along with the pleadings. He, therefore, prays that the writ petition be allowed, the order impugned dated 22.11.2023 be quashed and set aside and the application filed by the applicants be dismissed.

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Heard. Considered.

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While allowing the application, the learned Rent Tribunal has observed that along with the original application, affidavit of only the applicant no.1 Smt. Simla was filed, who, however, has expired on 11.07.2022 i.e. during pendency of the application and in view thereof, it is in the interest of justice that the affidavits filed by rest of the applicants be taken on record. This factual position has not been disputed by the learned counsel for the nonapplicant. In view thereof, this Court finds no justification to interfere under its limited supervisory jurisdiction vide Article 227 of the Constitution of India with the well reasoned order passed by the learned Rent Tribunal in exercise of its judicious discretion to advance the substantial justice.

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Resultantly, this writ petition is dismissed being devoid of merit.

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Pending application(s), if any, shall stand disposed of accordingly.

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(MAHENDAR KUMAR GOYAL),J

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Sudha/62

Shri Mahendrasingh S/O Late Shri Darshansingh v. Smt. Shimla W/O Late Shri George Fraklin (Deceased)

Case brief

What is this about?

What did the court decide?

Shri Mahendrasingh S/O Late Shri Darshansingh v. Smt. Shimla W/O Late Shri George Fraklin (Deceased)

Case brief

What is this about?

What did the court decide?

What the court decided

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