Moti Lal vs Khyali Lal Kumawat
2021 Latest Caselaw 16925 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR.

..

S.B. Civil Revision Petition No. 77/2021

Moti Lal S/o Babulal Malviya, aged about 53 years, resident of 9, Eklingnath, Opposite Petrol Pump, Near Shubh Marble, Udaipur (Raj.).

----Petitioner Versus Khyali Lal Kumawat S/o Jodhraj Kumawat, resident of 55, Dholi Boari, Boharwadi, Udaipur (Raj.).

----Respondent

For Petitioner(s) : Mr. Vivek Sidh on behalf of Mr. Deelip Kawadia.

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Order

12/11/2021

Heard learned counsel for the petitioner.

During the course of arguments, learned counsel for the

petitioner stated that the disputed premises is situated in the area

of Gram Panchayat, Sukher which was not falling within the

jurisdiction of the learned Rent Tribunal, Udaipur, therefore, under

the garb of the judgment and decree passed by the learned Rent

Tribunal, Udaipur, the petitioner-tenant cannot be dispossessed.

He further stated that the appeal of the petitioner was dismissed

on the ground of limitation only. He also stated that the point of

jurisdiction was raised before the learned Rent Tribunal and in the

judgment passed in Civil Appeal No.4599/1989 titled as "Sushil

Kumar Mehta Vs. Gobind Ram Bohra (Dead) through his

LRs.", it has been held by Hon'ble Supreme Court that point of

(2 of 2) [CR-77/2021]

jurisdiction can be raised at any stage. He further stated that the

copy of the judgment was also placed before the learned Rent

Tribunal, Udaipur and that judgment was passed by a Bench

having coram of three judges and another judgment which was

relied upon by the learned Rent Tribunal, Udaipur as passed by the

Hon'ble Supreme Court in the case of "Sneh Lata Goel Vs.

Pushplata & Ors." was passed by a Bench having coram of only

two judges. Learned counsel has placed for the Court's perusal a

copy of the Notification published in Rajasthan Gazette on

10.03.1969 issued and signed by Dinesh Pancholi, Junior Engineer,

Municipal Corporation, Udaipur pursuant Right to Information, on

26.11.2018. and stated that various areas have been mentioned

in that Notification but the area of the disputed land has not been

mentioned.

In view of the arguments advanced by the learned counsel

for the petitioner, issue notice to the respondent. Issue notice of

the stay application also. Rule is made returnable within a period

of two weeks. Notices may be given "Dasti" to the learned counsel

for the petitioner.

Till the next date of hearing, effect and operation of the

impugned order dated 18.10.2021 passed by the Rent Tribunal,

Udaipur in Case No. 21/2018 titled as "Khyali Lal Vs. Moti Lal"

shall remain stayed.

List the matter on 29.11.2021, as prayed.

(DEVENDRA KACHHAWAHA),J 3-Mohan/-

Powered by TCPDF (www.tcpdf.org)