Anil Kumar Son Of Rajendra Prasad vs Teerath @ Tirendra
2021 Latest Caselaw 6281 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

                D.B. Special Appeal Writ No. 541/2021

Anil Kumar Son Of Rajendra Prasad, Aged About 38 Years,
Resident Of Veenarayan Gate Bahar, Sogriya Mohalla, Chandan
Marriage Hall Ke Bagal Me, Bharatpur, Tehsil And District
Bharatpur (Raj.).
                                                                 ----Appellant
                                    Versus
1.     Teerath @ Tirendra, Aged About 52 Years, Resident Of
       Super Market Ke Saamne, Bharatpur, At Present Resident
       Of Patanpol, Burda Chowk, Kota (Raj.)
2.     Sunil, Deceased
3.     Kamlesh Widow Of Shri Sunil, Aged About 45 Years,
       Resident Of Super Market Ke Saamne, Bharatpur, At
       Present Resident Of Patanpol, Burda Chowk, Kota (Raj.)
4.     Sanjay Son Of Shri Sunil, Aged About 17 Years, Minor
       Thorough Natural Guardian Mother Kamlesh Widow Of
       Sunil Resident Of Super Market Ke Saamne, Bharatpur, At
       Present Resident Of Patanpol, Burda Chowk, Kota (Raj.)
5.     Piyush Son Of Shri Sunil, Aged About 16 Years, Minor
       Thorough Natural Guardian Mother Kamlesh Widow Of
       Sunil Resident Of Super Market Ke Saamne, Bharatpur, At
       Present Resident Of Patanpol, Burda Chowk, Kota (Raj.)
6.     Khushi Daughter Of Shri Sunil, Aged About 14 Years,
       Minor Thorough Natural Guardian Mother Kamlesh Widow
       Of Sunil Resident Of Super Market Ke Saamne, Bharatpur,
       At Present Resident Of Patanpol, Burda Chowk, Kota
       (Raj.)
7.     Anil Son Of Gopal Prasad, Aged About 40 Years, Resident
       Of Super Market Ke Saamne, Bharatpur, At Present
       Resident Of Patanpol, Burda Chowk, Kota (Raj.)
8.     Pawan Son Of Gopal Prasad, Aged About 38 Years,
       Resident Of Super Market Ke Saamne, Bharatpur, At
       Present Resident Of Patanpol, Burda Chowk, Kota (Raj.)
9.     Meera Devi Wife Of Vinod, Aged About 50 Years, Resident
       Of Super Market Ke Saamne, Bharatpur, At Present
       Resident Of Patanpol, Burda Chowk, Kota (Raj.)
10.    Anita Devi Wife Of Mahendra, Aged About 46 Years,


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        Resident Of Super Market Ke Saamne, Bharatpur, At
        Present Resident Of Patanpol, Burda Chowk, Kota (Raj.)
11.     Babita Wife Of Narendra, Aged About 42 Years, Resident
        Of Super Market Ke Saamne, Bharatpur, At Present
        Resident Of Patanpol, Burda Chowk, Kota (Raj.)
                                                                  ----Respondents

For Appellant(s) : Mr. Babu Lal Bairwa For Respondent(s) :

HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MS. JUSTICE REKHA BORANA Order

09/11/2021

Present one is an appeal arising out of the order dated

06.05.2021 passed by the learned Single Judge disposing of the

writ petition with a direction to the petitioner-tenant granting time

to vacate the premises till 01.05.2022.

The present appeal has been filed under Rule 134 of the High

Court Rules, 1952 wherein along with the order of the learned

Single Judge, the orders of the Rent Tribunal and the Appellant

Rent Tribunal are under challenge.

This Court in DB Civil Reference (Larger Bench)

No.1/2020, Mahendra Kumar Jain Vs. Appellate Rent

Tribunal, Ajmer decided on 27.07.2021, reported in 2021 (2)

RCR (Rent) 121, held as under:-

"80. In the result, we answer the questions referred in terms that the Rent Tribunal and the Appellate Rent Tribunal constituted under the Act of 2001, while adjudicating the disputes between landlord and tenant, exercising the judicial power of the State, discharge judicial functions, which are akin to judicial functions discharged by civil Courts and thus, keeping in view the law laid down by the Hon'ble Supreme Court in various decisions including in Radhey Shyam and Life Insurance Corporation of India, the judicial orders passed by the Rent Tribunal and the Appellate Rent

(3 of 3) [SAW-541/2021]

Tribunal are not amenable to writ jurisdiction under Article 226 of the Constitution and the legality of said judicial orders can only be questioned by invoking power of superintendence of this Court under Article 227 of the Constitution and thus, no intra-Court appeal would be maintainable against the orders passed by the learned Single Judge of this Court in such proceedings."

In view of the above judgment passed in Mahenda Kumar

Jain (supra), this intra-court appeal is held to be not

maintainable and dismissed as such.

(REKHA BORANA),J (AKIL KURESHI),CJ

KAMLESH KUMAR/N.Gandhi/8

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