Ashok Kumar S/O Mahaveer Prasad v. Smt. Rukmani Devi W/O Shri Pooranmal
Case brief
What is this about?
Recall/modification of stay order dated 11.01.2022 in rent-eviction suit; Order VII Rule 11 CPC application dismissal; Rajasthan Rent Control Act, 2001 extension to municipal area and ouster of civil court jurisdiction; D.B. Civil Reference No.1/2015 K. Ramnarayan Vs. Pokhraj (also printed as K. Ramnarayan Khandelwal Vs. Pokhraj Banthiya); Supreme Court ruling in Sankarlal Nadani Vs. Sohanlal Jain (MANU/SC/0462/2022 : AIR 2022 SC 1813) on rights being determined at commencement of lis/date of filing of suit; parallel Co-ordinate Bench decision Balram Vs. Jagdish Prasad (CMA 81/2023 in CRP 139/2018, order dt. 14.07.2023); trial court permitted to pass final judgment for plaintiff Rukmani Devi against defendants Ashok Kumar and Ors.; CMAP-287/2024 in SB Civil Revision Petition 72/2021; Jaipur Bench, Justice Ashok Kumar Jain, order dated 04/03/2025.
What did the court decide?
The order dated 11.01.2022 is modified so that the trial court is at liberty to proceed and pass a final judgment in the eviction and rent recovery suit filed by Rukmani Devi; a copy of the order is to be sent to the trial court for compliance.