JUGAL KISHORE TAPADIA Vs. PUSHPA JOHAR

JUDGEMENT

(1.) Heard the learned counsel for the respondent, Mr. Ashok Patel as neither the petitioner himself who presented this transfer application in this Court on 19.5.2012 nor any counsel on his behalf has appeared, though name of Mr. N.S. Rathore appears in the cause list. The present transfer application paints a picture of gross abuse of process of law by the defendant-tenant, Jugal Kishore Tapadia, who was filed the present transfer petition, prima facie it appears just to browbeat the Presiding Officer of the Appellate Rent Tribunal, Jodhpur in the pending appeal No. 58/2010- Jugal Kishore vs. Smt. Pushpa Johar, which he filed against the eviction decree passed against him in respect of suit premises, situated at Plot No. 64, Section A, Pratap Nagar, Jodhpur, which he is using for commercial purposes which is high value property.

(2.) The defendant-tenant claimed that the plaintiff Smt. Pushpa Johar's husband Sh. Ranjeet Singh Johar had executed a Will in his favour in respect of suit premises, which defence was not believed by the learned Rent Tribunal and had passed the eviction decree on 12.8.2010 against which the defendant tenant preferred the present appeal before the learned Appellate Rent Tribunal on 14.10.2010 and during the course of which, he has filed the present transfer application before this Court under Section 24 C.P.C. seeking transfer of proceedings from said Appellate Tribunal to any other competent Court/Tribunal.

(3.) The present transfer application was filed by the petitioner Jugal Kishore Tapadia himself before this Court on 19.5.2012 and the office pointed out following defects in the same, which are narrated below: