BABU LAL SHARMA Vs. SAYARA BANO

JUDGEMENT

(1.) This writ petition under Article 227 of the Constitution of India filed by the petitioner/non-applicant/tenant is directed against the order sheet dtd. 28/7/2022 drawn by the learned Appellate Rent Tribunal, Sikar in appeal no.14/2020 whereby, the matter has been posted on 7/9/2022 for arguments on an application filed by the petitioner under Order 41 Rule 25 and Sec. 151 CPC read with Sec. 21 of the Rajasthan Rent Control Act, 2001 (for brevity, 'the Act of 2001') as also for arguments on appeal.

(2.) The relevant facts in brief are that an application filed by the respondents/landlord under Sec. 6 and Sec. 9 of the Act of 2001 came to be allowed by the learned Rent Tribunal, Sikar vide its order dtd. 25/2/2020, which is subject matter of challenge in rent appeal no.14/2020 preferred by the petitioner which is pending consideration before the learned Appellate Rent Tribunal, Sikar. During the pendency of the appeal, the petitioner filed an application under Order 41 Rule 27 and Sec. 151 CPC read with Sec. 19(9) and Sec. 21 of the Act of 2001 which came to be allowed by the learned Appellate Rent Tribunal vide its order dtd. 5/4/2021. Thereafter, the petitioner filed an application under Order 41 Rule 25 and Sec. 151 CPC read with 21 of the Act of 2001 praying therein for framing two additional issues and recording evidence thereupon. Reply to the application has been filed by the respondents-landlord. The Appellate Rent Tribunal has, vide its order dtd. 28/7/2022, posted the matter on 7/9/2022 for arguments on the application as also on appeal.

(3.) Learned counsel for the petitioner submits that once his application under Order 41 Rule 27 and Sec. 151 CPC read with Sec. 19(9) and Sec. 21 of the Act of 2001 was allowed by the learned Appellate Rent Tribunal, Sikar vide its order dtd. 5/4/2021, it was obligatory upon it to have framed additional issues and record evidence thereon. He submits that provisions of Order 41 Rule 25 CPC cast a mandatory duty upon the learned appellate Court to frame additional issues as and when additional document is taken on record. He further submits that without following the procedure laid down under Order 41 Rule 28 CPC, issues under Order 41 Rule 25 cannot be framed. He submitted that the learned Appellate Rent Tribunal erred in posting the matter for arguments on his application as also on appeal inasmuch as in case his application is allowed on 5/4/2021 or any other day, arguments on appeal cannot be heard on the same day. He, therefore, prayed that the writ petition be allowed and the order impugned dtd. 28/7/2022 be quashed and set aside.