RAJENDRA KUMAR JAIN SON OF SHRI TEJPAL JAIN v. MANMOHAN SHARMA SON OF LATE SHRI RADHEY SHYAM SHARMA
CW/10071/2023 · 2025-01-07
Avneesh Jhingan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 21763 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 21763 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:961] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 10071/2023 Rajendra Kumar Jain Son Of Shri Tejpal Jain, aged About 63 Years, Resident Of Gangapur City, District Sawai Madhopur (Rajasthan). ----Petitioner Versus
1. Manmohan Sharma Son Of Late Shri Radhey Shyam Sharma, (Since Deceased) Through L.R’s 1/1. Smt. Geeta Sharma Wife Of Late Shri Manmohan Sharma, 1/2. Abhishek Sharma @ Abhishay Sharma Son Of Late Shri Manmohan Sharma, Resident Of Panda Building, District Sawai Madhopur (Rajasthan). ----Respondents For Petitioner(s) : Mr. D.K. Dixit For Respondent(s) : Mr. Nitin Sinsinwar HON'BLE MR. JUSTICE AVNEESH JHINGAN
Order 07/01/2025
1. The matter comes up on an application (I.A. No. 1/2023) for final disposal of the writ petition.
2. For the reasons mentioned therein, the application is allowed.
3. This petition was filed seeking quashing of order dated 03.06.2023 passed by the Rent Tribunal, Gangapur city, District Sawai Madhopur.
4. The brief facts are that the respondent filed eviction petition. During pendency of the petition the Rent Tribunal during course of cross examination allowed exhibiting of photocopy of affidavit dated 14.02.2002.
[2025:RJ-JP:961] (2 of 2) [CW-10071/2023]
5. The contention raised by learned counsel for the petitioner is that the exhibiting of the very affidavit was rejected earlier by the Rent Tribunal.
6.
Learned counsel for the respondent on instructions from the clients submits that the petitioner is no longer insisting for exhibiting the photocopy of the affidavit and seeks liberty to raise legal issues during eviction proceeding.
7. In view of the submission made by learned counsel for the respondent the impugned order is set aside and the writ petition is allowed.
8. The eviction petition shall be decided in accordance with law expeditiously taking into consideration that the petition is pending since 2017 and also the provisions of Section 15(5) of the Rajasthan Rent Control Act, 2001.
(AVNEESH JHINGAN),J RIYA/78