[2025:RJ-JP:20037] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.9645/2009 Ganga Bishan Bansal S/o Late Shri Badri Lal Bansal, Resident C/o Bansal News Agency, Vikram Chowk, Ladpura, Kota Raj. ----Petitioner Versus 1. Shri Geeta Satsang Ashram Samiti, Kota Through President, Geeta Bhawan Marg, Kota Raj. 324 006 2. Rent Tribunal, Kota Through Presiding Officer ----Respondents For Petitioner(s) : None present JUSTICE ANOOP KUMAR DHAND Order 13/05/2025 1. The instant writ petition has been filed with the following prayer:- “It is, therefore, most humbly and respectfully prayed that Your Lordships may very graciously be pleased to accept and allow this writ petition and further call for the record of case No. 756 of 2004 titled Shri Geeta Satsang Ashram Samiti v/s. Ganga Bishan Bansal pending before Rent Tribunal, Kota (Respondent No.2) and may kindly examine the same and further declare the Order dated 18.7.2009 as illegal and unconstitutional and the same may kindly be quashed and set aside and further the application filed by the respondent No.1 before the respondent No.2 under the provisions of Section 9 of the Act of 2001 may kindly be dismissed and further issue an appropriate writ order or direction in the nature whereof to the respondent No.2 to dismiss the application No. R 756 of 2004 titled Shri Geeta Satsang Ashram Samiti v/s. Ganga Bishan Bansal pending before him. Any other relief which this Hon’ble Court may deem fit and proper in the facts and circumstances of the present case, may also be passed in favour of the petitioner.” 2. By way of filing this writ petition, the petitioner prays for dismissal of the eviction application filed by the respondent under [2025:RJ-JP:20037] (2 of 2) [CW-9645/2009] Section 9 of the Rajasthan Rent Control Act, 2001 (hereinafter referred to as “the Act of 2001”). 3. The respondent has submitted an application under Section 9 of the Act of 2001 for eviction of the petitioner from the rental premises. During pendency of the said application, an application under Order 7 Rule 11 CPC read with Section 151 CPC was submitted by the petitioner disputing ownership of the landlord. The said application has been dismissed by the Tribunal vide impugned order dated 18.07.2009 by holding that the dispute is pending before the Tribunal with regard to the eviction of the petitioner and not for determination of the title of the landlord. If at all the petitioner is disputing the title of the landlord on the basis of the will, he can approach the Court concerned for such determination. 4. It has also been held that a suit can be rejected under certain circumstances, which have been incorporated under Order 7 Rule 11 CPC. None of the provisions in the aforesaid order are attracted in the instant case and for entertaining the application under Section 9 of the Act of 2001, only the contents of the same are required to be seen, if the same is giving rise to any cause of action to pursue the matter or not. A just, cogent and reasoned order has been passed by the Tribunal, which requires no interference of this Court. 5. Accordingly, the writ petition stands rejected. Interim order, if any, passed by this Court stands vacated. (ANOOP KUMAR DHAND),J Karan/17