M/S Purohit Charitable ... vs Ishwar Chand Gupta
2021 Latest Caselaw 271 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 427/2021

1. M/s Purohit Charitable Laboratory Society, 12-G Block, Gaushala Road, Sriganganagar Through Its President Vishnu Purohit.

2. Vishnu Purohit S/o Shri BL Purohit, aged about 55 years, R/o 12-G Block, Gaushala Road, Sriganganagar.

----Petitioner Versus

1. Ishwar Chand Gupta S/o Somchand Gupta, B/c Agarwarl, R/o 71-B Block, Sriganganagar Through Its Lrs- 1/1. Savitri Devi W/o Late Ishwar Chand, 71-B Block, Sriganganagar.

1/2. Ravindra Gupta S/o Late Ishwar Chand, 71-B Block, Sriganganagar.

1/3. Mukesh S/o Late Ishwar Chand, 71-B Block, Sriganganagar.

1/4 Rajesh S/o Late Ishwar Chand, 71-B Block, Sriganganagar.

1/5. Rachana Gupta D/o Late Ishwar Chand W/o Sunil Agarwal, 71-B Block, Sriganganagar.

2. Kamal Kishore S/o Bansi Lal, Jai Narayan Vyas Colony, Bikaner.

3. The Appellate Rent Tribunal, Sriganganagar.

                                                                   ----Respondents


For Petitioner(s)           :     Mr. Ankur Mathur (through VC)
For Respondent(s)           :


             HON'BLE MR. JUSTICE VIJAY BISHNOI
                     Judgment / Order

08/01/2021

This writ petition has been filed by the petitioners being

aggrieved with the order dated 02.12.2020 passed by the

Appellate Rent Tribunal, Sriganganagar whereby, the application

filed on behalf of the petitioners for marking photo copy of

(2 of 3) [CW-427/2021]

agreement to sale dated 01.07.1998 as exhibit has been rejected.

While rejecting the said prayer of the petitioners, the trial court

has observed that the non applicant- Ishwar Chand Gupta has

moved the application before the Rent Tribunal on 30.01.2015

under Order 11 Rule 12 and 14 with a prayer to direct the

petitioner No.2 to produce the original agreement to sale dated

01.07.1998 and thereafter to mark it as exhibit. In response to it,

the petitioner No.2 while contending that he has not taken any

defence based on the said agreement to sale dated 01.07.1998

and the said agreement to sale is not at all relevant for the

purpose of deciding the controversy raised by the applicant in his

eviction petition, has objected the prayer of respondent- Ishwar

Chand. The Rent Tribunal after considering the objection raised on

behalf of the petitioner No.2 has rejected the prayer of the

respondent/non applicant- Ishwar Chand Gupta of directing the

petitioner No.2 to produce the original agreement to sale dated

01.07.1998.

The Appellate Rent Tribunal is of the view that once the

petitioner No.2 has taken stand before the Rent Tribunal that the

agreement to sale dated 01.07.1998 is not at all relevant for the

purpose of deciding the controversy raised in the eviction petition

and he has not taken any defence based on the said agreement to

sale, now it is not open for the petitioner to make a request to

mark photo copy of the agreement to sale dated 01.07.1998 as

exhibit.

Having heard learned counsel for the petitioners and after

going through the impugned order, I do not find any illegality in

the same as the petitioner No.2 himself as categorically took a

stand before the Rent Tribunal that the said document is not

(3 of 3) [CW-427/2021]

relevant for the purpose of deciding the controversy raised in the

eviction petition and, therefore, now it would not be open for the

petitioner to turn around and pray for marking photo copy of the

said documents as exhibit.

In view of the above, I do not find any merit in this writ

petition and the same is hereby dismissed.

Stay petition also stands dismissed.

(VIJAY BISHNOI),J

Surabhii/41-

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