CENTRAL ACADEMY EDUCATION SOCIETY Vs. RAJENDRA MEHTA

JUDGEMENT

(1.) The instant writ petition has been filed by the petitioner/ non-applicant (for short 'the petitioner') challenging the order dtd. 6/3/2021 passed by the Rent Tribunal, Beawar, District Ajmer (for short 'the court below') in Original Application No.34/2019, whereby the application filed by the petitioner under Ss. 10 & 151 CPC was dismissed.

(2.) Learned counsel appearing for the petitioner submitted that the petitioner filed a suit No.66/2013 for specific performance of agreement/ contract and permanent injunction relating to immovable property, which was earlier on rent. The respondent/non-applicant (for short 'the respondent') filed a counter claim. He further submitted that after filing the counter claim, the respondent filed Original Application under the provisions of the Rajasthan Rent Control Act, 2001 (for short 'the Act of 2001') before the court below with respect to the same property for which the petitioner has filed the suit for specific performance. He also submitted that on receiving the notice of the rent application filed by the petitioner, the petitioner filed an application under Ss. 10 and 151 CPC specifically stating that the relief sought for by the respondent in the rent application is the same which has been sought by him in the counter claim. He submitted that the court below without appreciating the complete material available on the record and the provisions of law, dismissed the said application vide order dtd. 16/3/2021.

(3.) Counsel appearing for the respondent submitted that the counter claim was filed by the respondent on the basis of termination of the tenancy after serving the legal notice dtd. 21/1/2013 for termination of tenancy w.e.f. 28/2/2013. He further submitted that the fresh rent application was filed by the petitioner on the grounds as provided under Sec. 9 of the Act of 2001. He submitted that since the counter claim and the fresh rent application both, are based on different grounds, and therefore, the provisions of Sec. 10 CPC will not be applicable in the matter.