SHANTI KUMARI Vs. DAKHU DEVI

JUDGEMENT

(1.) IN this matter relating to a petition for eviction under the Rajasthan Rent Control Act, 2001 ('the Act of 2001'), where an appeal against the judgment and order dated 01.02.2012 as passed by the Rent Tribunal, Pali is said to be pending before the Appellate Rent Tribunal, Pali, this Court is constrained to deprecate the attempt on the part of the defendant-appellant to put spokes in the wheels of the proceedings; and for that matter, to deprecate her conduct for the second time.

(2.) THE sum and substance of the matter remains that in the petition for eviction as filed against her, the defendant- appellant raised an objection about entitlement of the plaintiffs to maintain the petition with the submissions, inter alia, that the property belonged to a religious trust; and the trust was required to be registered under the Rajasthan Public Trust Act, 1959 ('the Act of 1959'). On the issue framed in regard to such part of the defence plea, the Rent Tribunal, Pali ('the Rent Tribunal' hereafter) returned a negative finding by an order dated 19.10.2005 that was sought to be questioned by the appellant by way of a writ petition (CWP No. 22/2006). The stay application in the said writ petition was considered and dismissed by a learned Single Judge of this Court with a short order dated 10.11.2006 that the finding as given on one of the issues could be challenged, if occasion so arises, at the appellate stage. The appellant attempted to question the order so passed by the learned Single Judge by way of an intra-court appeal (SAW No. 28/2007) that was considered on 14.02.2007; and a Division Bench of this Court, while deprecating the attempt on the part of the appellant, dismissed the appeal as also the writ petition with the following order:-

(3.) UNDAUNTED, the petitioner-appellant now seeks to maintain this intra-court appeal against the order dated 17.07.2012 so passed by the learned Single of this Court.