RATAN LAL Vs. PRAVIN KUMAR

JUDGEMENT

(1.) The petitioner-defendant has preferred this writ petition assailing the order dated 11.9.2012 passed by learned Rent Tribunal, Bikaner, in Civil Original Case No. 5 of 2012, Pravin Kumar v. Ratan Lal, whereby the learned Rent Tribunal dismissed the petitioner's application filed under order 11 Rule 12 C.P.C. By filing the said application, the petitioner prayed that record of Civil Suit No. 19/1981, which suit was decreed on 22.5.1990, may be summoned for proper disposal of the eviction petition filed by the respondent- landlord.

(2.) Having heard learned counsel for the petitioner defendant/tenant at some length and in view of Apex Court's decision in the case of Shalini Shyam Shetty & Anr. v. Rajendra Shankar Patil, 2010 AIR(SCW) 6387, this Court finds no force in the present writ petition requiring interference of this Court in supervisory jurisdiction under Article 227 of the Constitution of India. The Apex Court in the case of Shalini Shyam Shetty , has held as under:

(3.) In the light of aforesaid legal position, this Court is fully satisfied that the present writ petition by the petitioner-defendant/tenant is bereft of any merit and the same is hereby dismissed. It is for the landlord to establish his case for eviction and at the initial. stage of trial, the defendant/tenant cannot ask for issuance of interrogatories under Order 11 Rule 12 C.P.C., because C.P.C. as such is not applicable to Rent Tribunal as per Section 21 of the Rajasthan Rent Control Act, 2001. No costs. A copy of this order be sent to the respondent-landlord and the learned Rent Tribunal, Bikaner forthwith.