N.K. SINGH Vs. BRIJMOHAN SINGH

JUDGEMENT

(1.) This writ petition has been filed by the petitioner, challenging the order dtd. 16/3/2019 whereby the Appellate Rent Tribunal, Kota has set aside the order dtd. 12/2/2016 passed by the Rent Tribunal, Kota and further the matter has been remanded back to the Rent Tribunal for deciding the issue afresh on the application filed by the petitioner under Order 7 Rule 11 CPC.

(2.) Learned counsel for the petitioner submitted that the respondent had filed an application of eviction against the present petitioner claiming himself to be owner of the suit premise.

(3.) Learned counsel for the petitioner submitted that the petitioner specifically pleaded before the court below that there was no relationship of landlord and tenant between the petitioner and the non-petitioner and as such an application under Order 7 Rule 11 CPC read with Sec. 21 of Rajasthan Rent Control Act, 2001 (hereinafter referred to as 'the Act of 2001') was filed.