[2025:RJ-JP:15366] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 18408/2023 Jagat Naredi S/o Sh. Ashok Kumar Naredi, Aged About 23 Years, Resident Of House No. 1515, Thathero Ka Rasta, Chaura Rasta, Jaipur. ----Petitioner Versus 1. Anil Kuamr Naredi S/o Shri Ramesh Chand Naredi, Aged About 38 Years, Anil Resident Of House No. 1515, Thathero Ka Rasta, Chaura Rasta, Jaipur. ----Non-petitioners/Complainant 2. Narendra Kumar Tinkar S/o Late Shri Radheshyam Tinkar, Resident Of M/s Mansa Bartan Bhandar, House No. 1515, Thathero Ka Rasta , Chaura Rasta , Jaipur. 3. Mukesh Kumar Tinkar S/o Late Shri Radheshyam Tinkar, Resident Of Plot No. 17, Ramrajpura, Near Gayatri Nagar, Sodala, Jaipur. ----Non-petitioner/Respondents For Petitioner(s) : Mr. Aniruddha Sharma For Respondent(s) : HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Judgment / Order 07/04/2025 This writ petition under Article 227 of the Constitution of India is directed against the order dated 05.07.2023 passed by the learned Rent Tribunal, Jaipur Metropolitan II, Jaipur (for brevity, "learned Rent Tribunal") in rent application No.102/2022 whereby, an application filed by the petitioner/applicant (for short, "applicant") under Order 1 Rule 10 CPC has been dismissed. The relevant facts in brief are that the respondent No.1 filed an eviction application against the respondents No.2 and 3 under Section 9 of the Rajasthan Rent Control Act, 2001 (for short, “the Act of 2001”). Therein, the applicant filed an application under [2025:RJ-JP:15366] (2 of 3) [CW-18408/2023] Order 1 Rule 10 CPC seeking impleadment as one of the non- applicants claiming himself to be owner of the subject property on the strength of a will dated 25.05.2018 executed by late Smt. Sita Devi which has been dismissed by learned Rent Tribunal vide order impugned dated 05.07.2023. Assailing the order, learned counsel for the applicant submits that the respondent No.1 claims title in the subject property on the strength of a registered gift deed dated 28.07.2009 executed by late Smt. Sita Devi in his favour which already stands cancelled by the Court of Sub-Divisional Officer, Jaipur vide judgment and decree dated 30.01.2019. He submits that since, he is true owner of the subject property on the strength of a registered will executed in his favour, the learned Rent Tribunal erred in dismissing the rent application. He, therefore, prays that the writ petition be allowed, the order impugned dated 05.07.2023 be quashed and set aside and the application filed by him under Order 1 Rule 10 CPC be allowed. Heard. Considered. While dismissing the application, the learned Rent Tribunal has held that in a rent eviction application, it is not expected to decide the rival intricate questions of title between the original applicant and the applicant under Order 1 Rule 10 CPC. The aforesaid finding is in consonance with the trite law that an eviction application cannot be converted into a title suit. Though, not much of relevance; but, it is also revealed from the order impugned that the judgment and decree dated 30.01.2019 passed by the Court of Sub-Divisional Officer, Jaipur is subject matter of [2025:RJ-JP:15366] (3 of 3) [CW-18408/2023] challenge before this Court wherein, there is an interim order against its operation and execution. In view of the aforesaid discussion, this Court finds no reason to interfere with the well reasoned order passed by the learned Rent Tribunal in exercise of its judicious discretion. Resultantly, this writ petition is dismissed being devoid of merit. Pending application(s), if any, also stands disposed of. (MAHENDAR KUMAR GOYAL),J YOGESH/52