VEDPRAKASH ARORA Vs. OMPRAKASH ARORA

JUDGEMENT

(1.) Although, the matter comes up on an application (1/2023) filed by the petitioner seeking extension of the interim order dtd. 12/10/2017; but, on the request of the learned counsels for the respective parties, this writ petition is heard on its merit at this stage.

(2.) This writ petition is directed against the order dtd. 15/9/2017 passed by the learned Rent Tribunal, Alwar in Eviction Petition No.11/2009 whereby, an application filed by the petitioner/applicant under Order 7 Rule 14 CPC has been dismissed.

(3.) The relevant facts in brief are that the petitioner filed an application against the respondent/non-applicant under Sec. 9 of the Rajasthan Rent Control Act, 2001 (for brevity, 'the Act of 2001') seeking his eviction from the suit shop stating the same to have fallen in his share in the family settlement dtd. 15/1/1976. Before evidence of the parties could begin, the petitioner filed an application under Order 7 Rule 14 CPC seeking leave of the Tribunal to place original family settlement dtd. 15/1/1976 on record, which has been dismissed by the learned Tribunal vide its order dtd. 15/1/1976, impugned herein.