Dismissed

Mukhtyar Khan S/O Subhan Khan v. Mu. Zubaida W/O Late Sh. Fakruddin

Rajasthan HC7 Nov 2025CW/16807/2025

Case brief

AI extract

What is this about?

Writ petition under Article 227 challenged a Rent Tribunal order permitting the deceased eviction petitioner's legal representatives to file an evidence affidavit. The High Court held the Tribunal acted within law in the interest of substantial justice and dismissed the petition, directing expeditious disposal of the pending eviction petition within six months.

What the court decided

AI extract

Mukhtyar Khan S/O Subhan Khan Vs Mu. Zubaida W/O Late… — Landlord and Tenant | Rajasthan HC (2025)

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[2025:RJ-JP:44706]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 16807/2025

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Mukhtyar Khan S/o Subhan Khan,

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Amjad Khan S/o Subhan Khan,

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Ajam Khan S/o Subhan Khan,

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Akram Khan @ Raju S/o Subhan Khan, All are R/o Gadda Mohalla, Dussehra Mohalla, Thesil And District Dholpur (Raj.)

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----Petitioners

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Versus

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Mu. Zubaida W/o Late Sh. Fakruddin, (Died On 30.11.2019)

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1/1. Naziya Begam W/o Shokat Khan, R/o Old New C-352, Dabua Colony, Faridabad District Faridabad (Haryana)

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1/2. Aaisa B W/o Mahboob Khan,

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1/3. Bilkis W/o Salim Khan, Both are R/o Chopra Mohalla, Near Bus Stand Bijawar District Chhattarpur (M.P.)

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1/4. Rubi W/o Waris Khan, R/o Gali Gol Khidki, Near Kabristhan, Jhansi (U.P.)

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Anish Khan S/o Late Fakruddin

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Munna Khan S/o Late Fakruddin, Both are R/o Mohalla Gadda, Dussehra Road, Kothi, Dholpur, Tehsil And District Dholpur (Raj.)

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Subhan Khan Son Of Shri Dausmoham, Aged About 60 Years, Resident Of Gadda Mohalla, Dussehra Road, Dholpur Tehsil And District Dholpur (Raj.)

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4/1. Anisa W/o Rajjak, D/o Subhan Khan, R/o Dussehra Road, Kothi, Dholpur (Raj.)

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4/2. Reshma D/o Subhan Khan W/o Mahfooj Kha, R/o Chaupla Mohalla, Near Bus Stand Gajroli District Amroha (U.P.)

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4/3. Ruksana D/o Subhan Khan W/o Rajjab Ali, R/o Commissionary Office, Jhansi (U.P.)

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4/4. Shahin Khan D/o Subhan Khan W/o Ikram Khan, R/o Meva Katra, Kinari Bazar, Near Phubbre, Agra (U.P.)

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----Respondents

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For Petitioner(s) : Mr. Asgar Khan

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HON'BLE MR. JUSTICE MANEESH SHARMA Order

[2025:RJ-JP:44706]

[CW-16807/2025]

(2 of 3)

07/11/2025

The present civil writ petition has been filed by the petitioners under Article 227 of the Constitution of India, assailing the impugned order dated 29.04.2025 passed by learned Rent Tribunal, Dholpur (Rajasthan) in Eviction Petition No.01/2012 titled as ' Zubaida & Ors. Vs. Subhan Khan' , whereby the learned Rent Control Tribunal, after the demise of the original petitionerlandlord Mu. Zubaida, permitted the filing of an evidence affidavit by her legal representatives.

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Learned counsel for the petitioners submits that the Rajasthan Rent Act, 2001, does not contain any provision for taking on record an evidence affidavit of the legal representatives after the filing of the reply. Therefore, the impugned order dated 29.04.2025 suffers from perversity, infirmity, and illegality, and prays that the same may kindly be set aside.

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Heard and considered the submissions made by the learned counsel for the petitioner and perused the material available on record.

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From a perusal of the record, it is evident that the original applicant, Mu. Zubaida, had filed eviction petition under Sections 9 and 10 of the Rajasthan Rent Control Act, 2001, in the year 2012, during the pendency of the said petition, the respondent-landlord, Mu. Zubaida, passed away, and her legal representatives were brought on record. Further, vide impugned order dated 29.04.2025, the learned Rent Tribunal permitted the legal representatives of Mu. Zubaida to file their affidavit of evidence on record. It is further evident that the learned Rent Tribunal, after

[2025:RJ-JP:44706]

[CW-16807/2025]

(3 of 3)

taking a holistic view of the matter and in the interest of substantial justice has allowed the legal representative, namely, her daughter, Smt. Naziya Begum, to file the affidavit in evidence and accordingly took the same on record.

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From a bare perusal of the impugned order, it is evident that the learned Rent Tribunal acted within the parameters of law in order to render substantial justice between the parties. Therefore, it cannot be said that the learned Rent Tribunal has committed any illegality in passing the impugned order dated 24.09.2025 and the same does not suffer from any jurisdictional error, perversity, or legal infirmity so as to warrant any interference by this Court under the supervisory jurisdictions under Article 227 of the Constitution.

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Accordingly, the writ petition fails and deserves to be dismissed.

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However, considering the fact that the eviction petition has been pending since the year 2012, the learned Rent Tribunal is directed to decide the said eviction petition No.1/2012 titled as ' Zubaida & Ors. Vs. Subhan Khan' , expeditiously, preferably within a period of six months from the date of receipt of a certified copy of this order.

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The stay application as well as other pending applications, if any, also stand disposed of.

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(MANEESH SHARMA),J

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Seema/25

Mukhtyar Khan S/O Subhan Khan v. Mu. Zubaida W/O Late Sh. Fakruddin

Case brief

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Mukhtyar Khan S/O Subhan Khan v. Mu. Zubaida W/O Late Sh. Fakruddin

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