Jai Kumar vs Shree Maidh Kshtriya Swarnkar ...
2021 Latest Caselaw 659 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 8877/2019

Jai Kumar S/o Late Shri Radhakishan, Aged About 51 Years, By Caste Sindhi Proprietor M/s Jai Shoe Agency Shop No. 3 And 4 Shree Maidh Kshtriya Swarnkar Samaj Bhawan Behind Old Nagar Niagam Office, Inside Sojati Gate, Jodhpur.

----Petitioner Versus Shree Maidh Kshtriya Swarnkar Samaj Sansthan Jodhpur, Through Resident Ganga Vishan Soni S/o Shri Bhikam Chand By Caste Soni, R/o Of Shree Maidh Kshtriya Swarnkar Samaj Bhawan Behind Old Nagar Nigam Office Inside Sojati Gate, Jodhpur.

                                                                ----Respondent


For Petitioner(s)        :     Mr. P.M Vyas

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

11/01/2021

Heard learned counsel for the petitioner.

The only ground pressed by learned counsel for the

petitioner in this writ petition is that the President of the

respondent - Sansthan has no right to file eviction

petition on its behalf with a prayer to evict the petitioner

from the premises in question.

The rent tribunal as well as the appellate rent

tribunal have dealt with this ground and rejected the

same while observing that as per the constitution of the

Sansthan (Ex.1), the President is authorised to sign

important letters as well as documents on behalf of the

Sansthan. The courts below have also placed reliance on

(2 of 2) [CW-8877/2019]

the resolution dated 26.2.2017 (Ex.2) passed by the

respondent - Sansthan whereby, it has authorized its

President to file eviction petition before the rent tribunal

for evicting the petitioner from the premises in question

on the grounds raised in the eviction petition.

Having heard learned counsel for the petitioner and

after going through the material available on record, I do

not find any case for interference in this writ petition and

the same is hereby dismissed.

No other ground is raised.

Stay petition is also dismissed.

(VIJAY BISHNOI),J

2-msrathore/-

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