MS. SIMRAT EXPORTS THROUGH ITS PROPRIETOR SMT. SIMRAT SANDHU, WIFE OF SHRI ASHOK SAMPATRAM Vs. SHRI ANIL TIWARI SON OF SHRI PRAGYESHWAR TIWARI
LAWS(RAJ)-2017-12-133
HIGH COURT OF RAJASTHAN
Decided on December 07,2017

Ms. Simrat Exports Through Its Proprietor Smt. Simrat Sandhu, Wife Of Shri Ashok Sampatram Appellant
VERSUS
Shri Anil Tiwari Son Of Shri Pragyeshwar Tiwari Respondents

JUDGEMENT

INDERJEET SINGH,J. - (1.) The instant writ petition has been filed by the petitioner against the order dated 30.09.2015 (Annexure-IV) passed by the Rent Tribunal, Jaipur by which the application under Order 14, Rule 5 C.P.C. was dismissed.
(2.) In this writ petition, the petitioners have made the following prayer:- "It is, therefore, most respectfully prayed that your Lordships may be pleased to call for the entire record pertaining to this matter and after examining the same may kindly issue an appropriate writ, order or direction quashing and setting aside the impugned order dated 30/09/2015 (Annexure 4) and may also allow the Application filed under Order 14, Rule 5 civil Procedure Code (Annexure 3) by the Petitioners/Non applicants in its entity; (ii) And by an appropriate writ, order or direction the Petitioners/Non-applicants be allowed to adduce their evidence and to get examined evidence on their behalf and part, as per law. (iii) The proposed issues as per the Application under Order 14, Rule 5 Civil Procedure Code be ordered to be added as issues to the earlier framed issues by the learned Rent Tribunal, (iv) Any other appropriate writ, order and direction which may found to be prim and proper in the facts and circumstances of this case may also be passed in favour of the Petitioners/Non-applicants. (v) Costs of this writ Petition may kindly be allowed."
(3.) Brief facts of the case are that the respondents/applicants have filed an application under Section 9(a) and (f) of the Rajasthan Rent Control Act, 2001 against the petitioners/non-applicants before the competent court of Rent Tribunal, Jaipur Metropolitan, Jaipur. The said application was filed by the applicants/respondents for eviction against the non-applicants petitioners before the Rent Tribunal. The said application was filed in the year 2009 and after recording the evidence of applicants, the matter was fixed by the Tribunal for the evidence of non-applicants on 09.02.2012.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.