NARSINGH DAS @ RAJA BABU Vs. RANCHHOD DAS

JUDGEMENT

(1.) This writ petition has been preferred by the petitioner against the order dated 22.04.2013 passed by the Rent Tribunal, Bikaner (for short 'the tribunal' hereinafter) in Civil Original Case No.105/2010, whereby the application preferred by the petitioner under section 10 read with section 151 of the Code of Civil Procedure and section 21 of the Rent Control Act, 2001 (for short 'the Act of 2001' hereinafter) has been rejected.

(2.) Learned counsel for the petitioner has argued that the learned tribunal has grossly erred in rejecting the application preferred by the petitioner without taking into consideration the contents of the application. The learned counsel for the petitioner has also argued that the learned tribunal has erred in not following the directions given by this Court in SBCWP No.4150/2007 (Manoj Kumar vs. Ranchod Dass & Ors.) decided on 10.04.2012, wherein this Court has directed for consolidation of the suits preferred by the respondent Ranchhod Das against one of the tenants. The learned counsel for the petitioner has further argued that as some of the suits filed by the respondent-Ranchhod Das against other defendants have been consolidated by the orders of this Court, the suit filed against the petitioner is also liable to be consolidated with the suit filed by one Smt. Bhanwari Devi against respondent-Ranchhod Das pending in the Court of District Judge, Bikaner.

(3.) Per contra, learned counsel for the respondents has supported the impugned order passed by the learned tribunal and has argued that the proceedings pending before the tribunal cannot be consolidated with the proceedings of the suit pending before the District Judge for a different cause and, therefore, the learned tribunal has not committed any illegality in rejecting the application preferred by the petitioner for consolidation of two suits.