PYARE MIYA Vs. ABHINAV JAIN

JUDGEMENT

(1.) This writ petition under Article 227 of the Constitution of India is directed against the order dtd. 17/9/2022 passed by the learned Rent Tribunal, Tonk in Rent Application No.03/2022 whereby, an application filed by the petitioners/non-applicants/tenants under Sec. 151 CPC for dismissing the rent application filed by the respondents/applicants/landlord, has been dismissed.

(2.) The relevant facts in brief are that the respondents/applicants filed an application under Sec. 9 and Sec. 18 of the Rajasthan Rent Control Act, 2001 (for brevity, 'the Act of 2001') against the petitioners/non-applicants seeking their eviction from the tenanted premises as also their dispossession from the premises allegedly encroached upon by them. During its pendency, the petitioners filed an application under Sec. 151 CPC seeking dismissal of the application filed by the respondents on the premise of misjoinder of causes of action. The application has been dismissed by the learned Rent Tribunal vide its order dtd. 17/9/2022, impugned herein.

(3.) Assailing the order, learned Senior Counsel for the petitioners would submit that the application filed by the respondents seeking their eviction/dispossession was not maintainable for misjoinder of causes of action. He submits that in addition to seeking eviction from the tenanted premises under Sec. 9 of the Act of 2001, a prayer was also made to dispossess them from a portion of the property allegedly encroached upon by them. Referring to the provision of Sec. 18 of the Act of 2001, learned Senior Counsel submits that for seeking a relief arising out of a cause of action not covered under Chapters II and III of the Act of 2001, the respondents were required to file a separate suit which requires separate trial. He submits that the relief of eviction and dispossession could not have been sought in single petition. He, therefore, prays that the writ petition be allowed, the order dtd. 17/9/2022 be quashed and set aside and the application filed them be allowed.