Rajasthan High Court - Jaipur
Smt. Meena Devi W/O Shri Ramji Lal vs Mustkeem Beg S/O Mirja Beg on 23 July, 2020
Bench: Sabina, Chandra Kumar Songara
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Special Appeal Writ No. 289/2020
In
S.B. Civil Writ Petition No. 6666/2019
Meena Devi W/o Shri Ramji Lal, Aged About 60 Years, R/o Bada
Nana Sahib Bajariya Road, Dholpur
----Appellant
Versus
Mustkeem Beg S/o Mirja Beg, Aged About 73 Years, R/o Bada
Nana Sahab Bajariya Road, Dholpur District Dholpur
----Respondent
For Appellant(s) : Mr. Ashish Agrawal, Advocate HON'BLE MRS. JUSTICE SABINA HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA Order 23/07/2020 Appellant has filed the appeal challenging the order dated 16.01.2020 passed by the learned Single Judge whereby writ petition filed by the respondent challenging the orders dated 01.02.2019 and 15.03.2019, was allowed.
Learned counsel for the appellant has submitted that the learned Single Judge has erred in allowing the writ petition filed by the respondent. In-fact, respondent had failed to appear before the Rent Controller despite having knowledge of the pendency of the ejectment proceedings. Hence, learned Tribunal was left with no other alternative but to proceed ex-parte against the respondent.
(Downloaded on 28/07/2020 at 09:15:56 PM)
(2 of 2) [SAW-289/2020] Appellant is the landlord and had filed an ejectment petition against the respondent on the ground of personal necessity and non-payment of rent. Ex-parte order was passed against the respondent on 25.10.2017.
It was case of the respondent before the learned Single Judge that on 25.07.2017 court employees had boycotted the court work. Respondent had remained present in the court but his case was not called. However, after 4-5 days when the respondent went to the court to inquire about his case, he came to know that his presence had not been marked nor any further date had been given in the case. Due to this reason, respondent did not come to know about the ex-parte proceedings initiated against him. Respondent only came to know about the ex-parte order passed against him when he received notice passed in the execution proceedings.
Learned Single Judge allowed the writ petition filed by the respondent and quashed the orders dated 01.02.2019 and 15.03.2019. Learned Single Judge while allowing the writ petition has exercised jurisdiction vested in it. Now, the lis between the parties will be disposed of on merits as the Tribunal has been directed to dispose of the ejectment application after giving opportunity to both the parties to lead their evidence. No ground for interference is made out.
Dismissed.
However, Tribunal is directed to dispose of the ejectment application expeditiously.
(CHANDRA KUMAR SONGARA),J (SABINA),J
Ashish Kumar /12
(Downloaded on 28/07/2020 at 09:15:56 PM)
Powered by TCPDF (www.tcpdf.org)