Vinod Soni vs Shri Sangh Oswal Panchayat Trust
2022 Latest Caselaw 13352 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 13208/2022

Vinod Soni S/o Shri Loona Ram Soni, Aged About 44 Years, R/o L.k. Sons Jewellers Upasara Bhawan Opposite Public Library Main Market, Taranagar, District Churu (Raj.)

----Petitioner Versus Shri Sangh Oswal Panchayat Trust, (Also Known As Shri Sangh Oswal Panchayat Taranagar) R/o Main Market Taranagar District Churu Through Executive President Chhatra Singh Shyam Sukha S/o Rawatmal Ji Aged About 55 Years R/o Luniya Chowk, Ward No. 15 Taranagar District Churu And Executive Mantri Vimal Kumar Chourdiya S/o Shri Amarchand Aged About 66 Years R/o Main Market, Taranagar, District Churu.

                                                                ----Respondent


For Petitioner(s)        :     Mr. SS Ladrecha
For Respondent(s)        :



              HON'BLE MR. JUSTICE VIJAY BISHNOI

                         Judgment / Order

14/11/2022

This writ petition is filed by the petitioner being aggrieved

with the order dated 20.07.2022 whereby, the Civil Judge, Churu,

has rejected the application filed by the petitioner under Order 11

Rule 12 CPC.

In the eviction petition filed by the respondent, the petitioner

has denied the relationship between him and the respondent.

Later on, the petitioner has moved an application with the prayer

to direct the respondent to produce the documents verifying its

ownership over the premises in question and copies of the register

maintained by the respondent to prove the tenancy of the

petitioner.

(2 of 2) [CW-13208/2022]

The learned court below after hearing both the parties has

rejected the said application while observing that the respondent

is required to prove the relationship between it and the petitioner

as landlord and tenant and for that purpose they are not required

to prove their ownership over the premises in question. It is also

observed by the court below that so far as the prayer of the

petitioner of summoning the copy of the register of the

respondent in which, the proceedings are recorded is concerned,

the respondent has already produced photocopy of the said

register and if the same is required, the respondent shall produce

the same at the time of the producing it evidence hence, at this

stage, it is not required to issue direction to the respondent to

produce the copy of the original register.

Having heard learned counsel for the petitioner and after

going through the material available on record, I do not find any

illegality in the order passed by the court below.

Hence, this writ petition is dismissed.

(VIJAY BISHNOI),J Surabhii/101-

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