Rajasthan High Court - Jodhpur
Suresh Bhati vs Chandrashekhar Tak on 17 January, 2022
Bench: Dinesh Mehta
(1 of 3) [CW-17810/2021]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 17810/2021
Suresh Bhati S/o Sh. Nandkishore Bhati, Aged About 48 Years,
Resident Of Office At M/ Shyam Paint, Plot No. A-13,
Pratapnagar, Soorsagar Road, Jodhpur.
----Petitioner
Versus
1. Chandrashekhar Tak S/o Prabhu Singh Tak, Resident Of
Plot No. A-13, Pratapnagar, Soorsagar, Jodhpur.
2. Gajendra Tak S/o Prabhu Singh Tak, Resident Of Plot No.
A-13, Pratapnagar, Soorsagar, Jodhpur.
----Respondents
Connected With
S.B. Civil Writ Petition No. 17827/2021
Luvkesh @ Lokesh Gehlot S/o Late Hemant Gehlot, Aged About
32 Years, Hemant Maruti Repair, Plot No.a-13, Pratapnagar,
Soorsagar Road, Jodhpur.
----Petitioner
Versus
1. Chandrashekhar Tak S/o Prabhu Singh Tak, Plot No.a-13,
Pratapnagar, Soorsagar, Jodhpur.
2. Gajendra Tak S/o Prabhu Singh Tak, Plot No.a-13,
Pratapnagar, Soorsagar, Jodhpur.
----Respondents
For Petitioner(s) : Mr. Om Prakash Mehta through V.C.
For Respondent(s) : Mr. Ashok Patel through V.C.
JUSTICE DINESH MEHTA
Order
17/01/2022
1. By way of present writ petition, the petitioners have
challenged the order dated 05.10.2021 vide which the petitioners'
(2 of 3) [CW-17810/2021]
application for framing of the issue filed under Section 21 of the
Rajasthan Rent Control Act, 2001 has been rejected.
2. Precisely narrated, the facts are that the respondents-
landlord filed the petition for eviction of the present petitioners-
tenants in the year 2019.
3. During the pendency of the aforesaid petition and after reply
being filed by the present petitioners-tenants and filing of the
affidavit in evidence, an application dated 14.09.2021 came to be
moved by the present petitioners in which the Rent Tribunal was
requested to frame issues in accordance with law.
4. By the impugned order dated 05.10.2021, the Tribunal
rejected the petitioners' aforesaid application inter-alia observing
that the petitioners are trying to prolong the proceedings.
5. Mr. Om Prakash Mehta, learned counsel for the petitioner
argued that the reasons given by the Rent Tribunal are not
germane, so far as the decision of petitioners' application for
framing issues is concerned. He argued that there are judgments
of this Court to the effect that the Rent Tribunal is required to
frame issues or points of determination.
6. Inviting the Court's attention towards the reply, which was
filed by the petitioners, it was argued that the petitioners-tenants
have disputed the bonafide need and raised various defense, for
which framing of issues was necessary.
7. Mr. Ashok Patel, learned counsel appearing for the
respondents-landlords submitted that the petitioners are
intentionally trying to delay the proceedings for one reason or the
other. He invited the Court's attention towards the contents of the
application filed by the present petitioner and submitted that the
petitioners' application has been rightly rejected.
(3 of 3) [CW-17810/2021]
8. Having regard to the facts and circumstances of the case and
considering the law laid down by this Court in Bhanwarlal
Versus Kalyanmal Daga (S.B. Civil Writ Petition No.
16620/2021) decided on 02.12.2021, in which various
judgments of this Court have been considered, I am of the view
that the Rent Tribunal below has erred in rejecting the subject
application and the reason given by the Tribunal that the
petitioners are trying to protract the proceedings is untenable.
9. The impugned order dated 05.10.2021 is, therefore, quashed
and set aside and petitioner's application dated 14.09.2021 is
allowed.
10. It is informed that the next date before the Rent Tribunal is
03.02.2022. Hence, it is ordered that the petitioners will be
required to furnish the proposed issues in the Tribunal on the next
date. It will also be open for the respondents-landlords to submit
before the Tribunal issues which they deem appropriate on the
next date of hearing. The Trial Court shall consider the same in
accordance with law and settle the issues/points of determination
within a period of 3 days, whereafter the matter shall be
proceeded in accordance with law.
11. Both the writ petitions are allowed as indicated above.
12. Stay applications also stand disposed of accordingly.
(DINESH MEHTA),J
38,39-jayesh/-
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