Held the writ petition against the Rent Tribunal's rejection of an amendment application was rejected, but directed the Tribunal to provide an opportunity for the defendant to record witness evidence.
Directed Rent Tribunal to record defendant's witness evidence on the next date; stay petitions disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2024:RJ-JD:32221]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 7219/2024
Prahlad Rai, Son and Legal Representative of Radhey Shyam Aged About 58 Years, Resident of C/o M/s Rathi Jewellers, Gol Pyau Chauraha, Bhilwara (Rajasthan).
----Petitioner
Versus
Smt. Neelam W/o Rakesh Toshniwal, Aged About 54 Years, Krishna Mohalla, Bhilwara (Rajasthan)
----Respondent
For Petitioner(s) : Mr. Suresh Shrimali
HON'BLE MS. JUSTICE REKHA BORANA Order
02/08/2024
Vide the said application, the defendant sought to amend his written statement to the extent that son of the plaintiff landlord had started running a business of travel agency on the second floor of the premise in question and hence, the necessity of the son of the landlord, if any, had come to an end.
[2024:RJ-JD:32221]
[CW-7219/2024]
(2 of 3)
The learned Tribunal further held that even otherwise, the necessity on the date of filing of the petition was to be taken and any subsequent event would be of no effect.
[2024:RJ-JD:32221]
[CW-7219/2024]
(3 of 3)
(REKHA BORANA),J
287-Abhishek/-
3 issues framed by the court
Whether the Learned Tribunal's rejection of the application to amend the written statement to claim necessity of premises requires interference via writ jurisdiction?
Whether the Learned Tribunal should be granted an opportunity to record evidence of defendant witnesses to avoid multiplicity of proceedings?
What is the standard for exercising extraordinary jurisdiction to dispose of pending stay petitions without issuing notices?
2 provisions across 2 enactments
Prahlad Rai
Smt. Neelam W/o Rakesh Toshniwal
Rekha Borana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
