Rajasthan High Court
M/S Rajasthan Marble And Minerals vs Vikas Jain Son Of Anil Kumar Jain on 15 November, 2022
Bench: Inderjeet Singh
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Misc. Stay Application No.14134/2022
IN
S.B. Civil Writ Petition No. 14524/2022
1. M/s Rajasthan Marble And Minerals, Munshi Mahal
Garden, Tonk Road, Jaipur Thorugh Partner Anil Kumar
Jain Son Of Shri Padam Chand Jain, Munshi Mahal
Garden, Tonk Road, Jaipur.
2. Anil Kumar Jain Son Of Shri Padam Chand Jain, Partner
M/s. Rajasthan Marble And Minerals, Address- B-34,
Prabhu Marg, Tilak Nagar, Jaipur.
----Petitioners
Versus
1. Vikas Jain Son Of Anil Kumar Jain, Resident Of A-40-41,
New Light Colony, Tonk Road, Jaipur.
2. Vishal Jain Son Of Anil Kumar Jain, Resident Of A-40-41,
New Light Colony, Tonk Road, Jaipur.
3. Ashish Jain Son Of Arun Kumar Jain, Resident Of A-40-41,
New Light Colony, Tonk Road, Jaipur.
4. Smt. Vimla Jain Wife Of Late Shri Gopi Chand Jain,
Resident Of Munshi Mahal Garden, Tonk Road, Jaipur.
----Respondents
Connected With
S.B. Civil Misc. Stay Application No.15017/2022
IN
S.B. Civil Writ Petition No. 15409/2022
Smt. Vimla Jain Wife Of Late Shri Gopi Chand Jain, Resident Of
Munshi Mahal Garden, Tonk Road, Jaipur.
----Petitioner
Versus
1. Vikas Jain Son Of Anil Kumar Jain, Resident Of A-40-41,
New Light Colony, Tonk Road, Jaipur.
2. Vishal Jain Son Of Anil Kumar Jain, Resident Of A-40-41,
New Light Colony, Tonk Road, Jaipur.
3. Ashish Jain Son Of Arun Kumar Jain, Resident Of A-40-41,
New Light Colony, Tonk Road, Jaipur.
(2 of 4) [Stay-14134/2022]
4. M/s. Rajasthan Marble And Minerals, Munshi Mahal
Garden, Tonk Road, Jaipur Through Partner Anil Kumar
Jain Son Of Shri Padam Chand Jain, Munshi Mahal
Garden, Tonk Road, Jaipur.
5. Anil Kumar Jain Son Of Shri Padam Chand Jain, Partner
M/s. Rajasthan Marble And Minerals, Address- B-34,
Prabhu Marg, Tilak Nagar, Jaipur.
----Respondents
For Petitioner(s) : Mr. Rajendra Prasad, Senior Counsel
assisted by Mr. Deepak Sharma.
For Respondent(s) : Mr. Divyesh Maheshwari,
Mr. Ramesh Chand Sharma
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
15/11/2022
With the consent of both the parties matters have been
heard on the stay applications.
Brief facts of the case are that property in dispute was taken
on rent by the petitioners (hereinafter to be referred as 'Tenants')
on lease in the year 1963 from three persons namely Gordhan Lal,
Kamla Prasad and Moti Chand Jain, thereafter, due to some family
arrangements and award passed by the Arbitrator the property in
dispute came in the share of one Moti Chand Jain who was original
landlord of the property in the year 1982 and in family settlement
gave the said property to his wife Darshan Kumari and his son
Arun Kumar, thereafter, the Darshan Kumari by way of Will
transferred the property in dispute in the name of respondents
(hereinafter to be referred as 'Landlords') by executing a Will in
the year 2001 and after his death in 2003, the landlords filed
eviction application on the ground of bona-fide necessity which
was allowed by the Rent Tribunal in a separate proceedings and
(3 of 4) [Stay-14134/2022]
against the said judgment and decree passed by the Rent
Tribunal, the petitioners have also preferred appeal which is still
pending before the Appellate Court, again the landlords preferred
the eviction application in the year 2012 against the tenants on
the ground of subletting and the said application was allowed by
the Rent Tribunal vide order dated 25.02.2000 and against the
judgment and decree passed by the Rent Tribunal the tenants filed
appeal before the Appellate Rent Tribunal which was dismissed
vide order dated 12.09.2022. Hence, this writ petition has been
filed by the tenants challenging the judgment and decree passed
by the Rent Tribunal & Appellate Rent Tribunal.
Counsel for the tenants submits that the landlords have
never informed the tenants about their ownership. Counsel further
submits that eviction application filed by the landlords barred by
limitation. Counsel further submits that the finding with regard to
subletting arrived by the Tribunal is perverse as sufficient material
was produced before the Rent Tribunal to show that Vimla Devi
was wife of their servant namely Gopi Chand Jain and after his
death, Vimla Devi and her son are residing in the said premises,
therefore, prayed for allowing the stay application.
Counsel for the landlords opposed the stay applications and
submitted that Vimla Devi submitted the application before the
Electricity Board for new electricity connection as tenants in the
premises. Counsel further submits that the tenants cannot dispute
the ownership of the landlords as admittedly, the landlords are
grand son of the original owner of the property in dispute. Counsel
further submits that the tenants paid the rent up to 2001 and the
Grand father Moti Chand Jain died in the year 2015 and in these
years they have not paid rent neither to their grand father Moti
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Chand Jain nor to them and even otherwise when the proceedings
were pending before the Rent Tribunal they have failed to deposit
the rent before the Rent Tribunal.
Heard counsel for the parties and perused the record.
The stay applications filed on behalf of the tenants deserve
to be dismissed for the reasons; firstly, the tenancy relates to the
1963 and the tenants have enjoyed the property for last 58 years;
secondly, there is no dispute with regard to relationship between
the tenants and the landlords as the tenants regularly paid the
rent to the grand father of the landlords; thirdly, the tenants
received the property in dispute by way of Will which was
executed by their grand mother Darshan Kumari and she received
the property from her husband and lastly, in view of the fact that
the concurrent finding of fact has been recorded by the both the
courts below, therefore, I am not inclined to grant the interim
relief as prayed for.
In that view of the matter, the stay applications are
dismissed. Copy of the order be also separately placed in the
concerned file.
(INDERJEET SINGH),J
MG/101-102
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