ORIENTAL MAIL SPEED TRANSPORT SERVICE CO. v. SMT. VIMLA DEVI, WIFE OF LATE SHRI VIRENDRA KUMAR RANIWALA
CW/5863/2026 · 2026-04-02
Bipin Gupta
body2026
DailyLaw.ai
[ 2026 DAILYLAW 4155 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 4155 (RAJ) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 5863/2026 Oriental Mail Speed Transport Service Co., Through Proprietor Shri Sharad Kasliwal S/o Shri Kamal Kasliwal, Aged 47 Years R/o In Front Of Amla Marg, Near Red Cross School, Outside Ajmeri Gate, Beawar, Dist. Beawar. ----Petitioner Versus
1. Smt. Vimla Devi, Wife Of Late Shri Virendra Kumar Raniwala, Aged About 72 Years, R/o A-2, Plot No. 60/63, Maple Garden, Flat No. 4, Chitrakoot, Jaipur. (Since Deceased)
2. Shri Dinesh Raniwala, Son Of Late Shri Virendra Kumar Raniwala, Aged About 56 Years, Resident Of A-2, Plot No. 60/63, Maple Garden, Flat No. 4, Chitrakoot, Jaipur. 3. Shri Anil Kumar Raniwala, Son Of Late Shri Sajjan Kumar Raniwala, Aged About 62 Years, Resident Of Diggi Mohalla, Beawar, District Beawar. 4. Shri Vinay Kumar Raniwala, Son Of Shri Motilal Raniwala, Aged About 71 Years, Resident Of Diggi Mohalla, Beawar, District Beawar. 5. Smt. Pushpa Devi, Daughter Of Late Shri Jai Kumar Raniwala, Aged About 75 Years, Resident Of Diggi Mohalla, Beawar, District Beawar. 6. Smt. Kiranlata Raniwala, Wife Of Late Shri Surendra Kumar Raniwala, Aged About 70 Years, Resident Of A-2, Ganesh Marg, Hawa Sadak, Jaipur-302006. 7. Ashish Raniwala, Son Of Late Shri Surendra Kumar Raniwala, Aged About 47 Years, Resident Of A-2, Ganesh Marg, Hawa Sadak, Jaipur -302006. 8. 8/1. 8/2. Rajesh Raniwala, Son Of Late Shri Madhur Raniwala, Resident Of 45, Madramapura, Civil Lines, Jaipur 302006. (Since Deceased) Through His Legal Representative Smt. Meena Raniwala, W/o Late Sh. Rajesh Raniwala Bhavika Raniwala D/o Late Sh. Rajesh Raniwala, Both R/o 45, Madramapura, Civil Lines, Jaipur-302006. 9. Sushil Kumar Raniwala, Son Of Late Shri Ganeshilal Raniwala, Aged About 84 Years, Resident Of 43, Sundar
(2 of 4) [CW-5863/2026] Nagar, Near Axis Bank, Girdhar Marg, Malviya Nagar, Jaipur. 10. Jambu Kumar Raniwala, Son Of Late Shri Sundar Lal Raniwala, Aged About 86 Years, R/o 44, Madramapura, Civil Lines, Jaipur. 11. 11/1. 11/2. 11/3. Ravindra Raniwala, S/o Shri Jambu Kumar Raniwala, R/o 44, Madramapura, Civil Lines, Jaipur. (Since Deceased) Through His Legal Representatives Smt Poonam Raniwala W/o Late Sh. Ravindra Raniwala, (Since Deceased) Sh. Rishabh Raniwala, S/o Late Sh. Ravindra Raniwala Ruchi Raniwala D/o Late Sh. Ravindra Raniwala, All R/o 44, Madramapura, Civil Lines, Jaipur (Raj.)-302006. 12. Alok Raniwala, S/o Late Shri Devendra Kumar Raniwala, Aged About 62 Years, R/o Mahalaxmi, Mumbai 400011. 13.
Atul Raniwala, S/o Late Shri Devendra Kumar Raniwala, Aged About 56 Years, R/o Mahalaxmi, Mumbai-400011. 14. Amit Raniwala, S/o Late Shri Devendra Kumar Raniwala, Aged About 46 Years, R/o Mahalaxmi, Mumbai-400011. 15. Vinod Kumar Raniwala, S/o Late Shri Sundar Lal Raniwala, Aged About 83 Years, R/o 703, Atlas, 4 Cross Lane, Lokhandwala Complex, Andheri (West), Mumbai-
400053. 16. 16/1. 16/2. Pradyumn Kumar Raniwala, S/o Late Shri Totalal Raniwala, R/o Godh Bandar Road, Thane (Since Deceased) Through His Legal Representatives- Smt. Kaushalya Devi Raniwala, W/o Late Shri Pradyumn Raniwala. Shri Ravi Raniwala S/o Late Shri Pradyumn Raniwala, Both Resident Of Godh Bandar Road, Thane (Mumbai). 17. Smt. Prem Raniwala, W/o Late Shri Mahendra Kumar Raniwala, Aged About 83 Years, R/o A-476, Indra Vihar, Kota (Rajasthan). 18. Mahipal Raniwala, Son Of Late Shri Mahendra Kumar Raniwala, Aged About 64 Years, R/o A-476, Indra Vihar, Kota (Rajasthan). 19. Mahavir Raniwala, Son Of Late Shri Mahendra Kumar Raniwala, Aged About 60 Years, R/o A-476, Indra Vihar, Kota (Rajasthan). (3 of 4) [CW-5863/2026]
20. Ramesh Kumar Raniwala, S/o Late Shri Ganeshilal Raniwala, Aged About 74 Years, R/o 132, Station Road, Kota (Rajasthan). 21. Naresh Raniwala S/o Late Shri Virendra Kumar Heeralal Raniwala, Aged About 60 Years, R/o 3/b, Panchratna Complex, In Front Of Preetam Society-1, Maktampur Road, Burch-392002 Through Power Of Attorney Holder Sharad Kumar Raniwala S/o Late Shri Preetam Kumar Raniwala Aged 71 Years, R/o 52, Vitthaal Bhai Patel Road, Mani Mahal, 4Th Floor, C.p. Tank, Mumbai 400004. ----Respondents For Petitioner(s) : Mr. Jai Prakash Gupta For Respondent(s) :
HON'BLE MR. JUSTICE BIPIN GUPTA
Order 02/04/2026
1. The present writ petition has been filed assailing the order dated 12.02.2026, passed by learned Rent Tribunal Beawar, District Alwar, in Original Apllication No. 35/2019, whereby the application filed by the petitioner under Section 21(3) of the Rajasthan Rent Control Act, 2001 read with Section 107 of Transfer of property Act, 1882 has been dismissed.
2.
Learned counsel for the petitioner submits that the document in question is an unregistered document, having been executed for a period exceeding eleven months; therefore, the same could not have been read in evidence or permitted to be admitted in evidence, as Section 49 of the Registration Act, 1908 bars such admissibility.
3. Heard.
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4. This Court finds that Section 49 of the Registration Act, 1908 itself provides that a document, which is required to be compulsorily registered, may nevertheless be received in evidence for a collateral transaction not required to be effected by a registered instrument.
5. Therefore, in view of the above, this Court finds no error so as to call for any interference under Article 227 of the Constitution of India. Accordingly, the present writ petition stands dismissed.
6. However, it is made clear that the said document shall be considered in evidence strictly in accordance with the provisions of Section 49 of the Registration Act, 1908.
7. Pending application(s), if any, stands disposed of.
(BIPIN GUPTA),J RAHUL KUMAR /115