JUDGEMENT
Dinesh Maheshwari, J. -
(1.) Having heard the learned counsel for the petitioner- tenant and having perused the material placed on record, this Court is unable to find any jurisdictional error in the impugned order dated 20.05.2011 (Annex. 11) whereby the Rent Tribunal, Udaipur has dismissed the application filed by the petitioner with reference to the provisions of Order VII Rule 11 of the Code of Civil Procedure ('CPC').
(2.) It is contended that in fact the tenancy had been in relation to Plots Nos. 9 and 10 together and the petition for eviction remains incompetent for having been filed only in relation to Plot No. 10. It is also contended that there had been other heirs of the original owner Bhagwati Lal and, therefore, the petition filed only by the one of the heirs of the original owner is not maintainable as the plaintiff cannot be said to having a right to sue with him. The learned counsel has referred to and relied upon the decisions in T. Arivandandam v. T.V. Satyapal & Anr. : AIR 1977 SC 2421, State of Rajasthan & Ors. v. M/s Swaika Properties & Anr. : AIR 1985 SC 1289, and Bhagwan Das v. Goswami Brijesh Kumariji & Ors. : AIR 1983 Rajasthan 3.
(3.) The submissions by the learned counsel remain totally bereft of substance and do not make out a case for interference in the writ jurisdiction.;
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