Shri Chetanraj S/O Shri Madanlal vs Smt. Shanti Devi Dani W/O Shri ...
2022 Latest Caselaw 1173 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 10272/2019

Shri Chetanraj S/o Shri Madanlal, Proprietor Amrit Automobile,
Shop No. 2, Ajmer, R/o Sarawagi Mohalla, Ajmer.
                                                                  ----Petitioner
                                   Versus
Smt. Shanti Devi Dani W/o Shri Rameshwarlal Dani, through
legal representative Shri Sachin Dani S/o Late Shri Omprakash
Dani, R/o Sobhag Club, Civil Lines, Ajmer.
                                                                ----Respondent

For Petitioner(s) : Mr. Rahul Agarwal (through VC) For Respondent(s) : Mr. Harshit Mittal (through VC)

HON'BLE MR. JUSTICE SAMEER JAIN

Order

01/02/2022

1. Learned counsel for the petitioner at the outset submits that

he wants to withdraw the present writ petition with liberty that he

may be permitted to raise all his defence submissions pertaining

to maintainability of eviction application which has been filed by

power of attorney holder. He may also be permitted to argue on

merits against the order dated 11.03.2019 whereby application

under Section 5 of the Limitation Act, 1963 has been allowed,

ignoring the settled position of law rendered by Apex Court in the

judgment of Balwant Singh (dead) vs. Jagdish Singh and Ors.

reported in AIR 2010 SC 3043.

2. In the light of above submissions, we are of the view that the

said withdrawal can be permitted to the petitioner along with

liberty which he has sought for.

                                                                              (2 of 2)                   [CW-10272/2019]



                                   3.    The   learned    Rent      Tribunal       may       consider    his   defence

pertaining to maintainability of the lis in question on account of

the same being filed by power of attorney holder. Secondly, the

impugned order dated 11.03.2019 may also be re-looked into in

the light of judgment rendered by Hon'ble Apex Court in Balwant

Singh (supra) in accordance with law and as per its own merits

and as per the facts of the case. Any observation of this Court will

not effect or prejudice either of the parties. Learned Rent Tribunal

will be at liberty and independently decide the lis in question as

per its wisdom.

4. In the light of said fact, the writ petition is disposed of in

above terms. It is also directed that looking to the delay caused,

the learned Rent Tribunal will consider the aforementioned aspects

at the final disposal of the matter and make an endeavour to

decide the matter expeditiously.

5. All pending applications also stand disposed of.

(SAMEER JAIN),J

Arun/36

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