Mahendra Kumar Jain S/O Anoop ... vs Shanti Kumar Jain S/O Sugan Chand ...
2023 Latest Caselaw 755 Raj/2

[2023/RJJP/000375]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                S.B. Civil Writ Petition No. 18813/2022

1.       Mahendra Kumar Jain S/o Anoop Chand Jain, Aged About
         56 Years, R/o Gram Khedali, District Alwar Presently
         Residing At Plot No. A - 139 Muralipura Scheme (First
         Floor) Sikar Road Jaipur. Commercial Address - Alka
         Boutique Plot No. A-175 In Front Of Vishal Medical
         Muralipura Jaipur.
2.       Shrimati Alka Jain W/o Mahendra Kumar Jain, Aged About
         47 Years, R/o Gram Khedali, District Alwar Presently
         Residing At Plot No. A - 139 Muralipura Scheme (First
         Floor) Sikar Road Jaipur. Commercial Address - Alka
         Boutique Plot No. A-175 In Front Of Vishal Medical
         Muralipura Jaipur.
                                                                   ----Petitioners
                                    Versus
1.       Shanti Kumar Jain S/o Sugan Chand Jain, Aged About 77
         Years, R/o Plot No. A - 139 Muralipura Scheme Sikar Road
         Jaipur.
2.       Shrimati Pushpa Devi W/o Shri Shanti Kumar Jain, Aged
         About 71 Years, R/o Plot No. A - 139 Muralipura Scheme
         Sikar Road Jaipur.
                                                                 ----Respondents

For Petitioner(s) : Mr. Gaurav Sharma Saraswat For Respondent(s) :

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

24/01/2023

Instant writ petition has been filed by the petitioners

(hereinafter to be referred as "Tenants") challenging the order

dated 16.11.2022 passed by the learned Rent Tribunal, Jaipur

Metropolitan-II (hereinafter to be referred as "the learned Trial

Court"), whereby the application filed on behalf of the Tenants

[2023/RJJP/000375] (2 of 3) [CW-18813/2022]

under Section 21 of the Rent Control Act read with Order 8 Rule 1

(A) (3) CPC and Section 151 CPC was dismissed.

Brief facts of the case are that the respondents (hereinafter

to be referred as "Landlord") filed an eviction application before

the learned Trial Court. After recording the evidence of both the

parties, when the matter was fixed for final hearing, the tenants

filed the aforesaid application, which was dismissed by the learned

Trial Court vide order dated 16.11.2022. Hence, the present writ

petition has been filed by the Tenants challenging the order dated

16.11.2022 passed by the learned Trial Court.

Counsel for the petitioners submits that the learned Trial

Court has committed serious illegality in dismissing the application

submitted on behalf of the Tenants. Counsel further submits that

to do the complete justice, the learned Trial Court ought to have

allowed the application filed on behalf of the tenants. Counsel

further submits that these documents were misplaced by the

Tenants and the same were found at the time of painting and

clearing the house during Diwali. Counsel further submits that

these documents submitted the Tenants shall be taken on record

subject to payment of cost.

Counsel further relied upon the judgments passed by the

Hon'ble Supreme Court in the matter of Levaku Pedda

Reddamma & ors. Vs. Gottumukkala Venkata Subbamma &

Ors., (Civil Appeal No.4096/2022 (Arising out of SLP ©

No.7452/2022)) decided on 17.05.2022 and another

judgment passed by the Hon'ble Supreme Court in the matter of

Sugandhi (Dead) by L.Rs. And Ors. Vs. P. Rajkumar (Civil

[2023/RJJP/000375] (3 of 3) [CW-18813/2022]

Appeal No.3427/2020 (Arising out of S.L.P. (C)

No.16491/2019)) decided on 13.10.2020.

Heard counsel for the petitioner and perused the record.

This writ petition filed by the petitioners deserves to be

dismissed; for the reasons, firstly, the eviction application filed on

behalf of the landlord is pending before the Trial Court since the

year 2016 and the Tenants have already taken as many as fifteen

opportunities to final argue the matter, however, at belated stage,

the application filed on behalf of the Tenants only to delay the

proceedings, secondly, the Tenants have failed to submit any

reason why the same has not been filed on earlier occasion, as the

documents relates to prior to filing of the eviction application,

thirdly, according to Tenants, these documents relates to the

ownership of the property, however, the learned Trial Court has

already framed the issue with regard to relationship whether there

is relation of Tenant and landlord between the parties, lastly,

considering the facts and circumstances of the present case, no

case is made out for interference by this Court under Article 227

of the Constitution of India.

Hence, the present writ petition stands dismissed.

(INDERJEET SINGH),J

Upendra Pratap Singh /116

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