VIKRAM SINGH Vs. VIRENDRA SINGH

JUDGEMENT

(1.) This writ petition has been preferred claiming the following reliefs:

(2.) Brief facts of the case, as placed before this Court by learned counsel for the petitioner, are that the petitioner instituted a suit for specific performance of the contract along with an application under Order 39 Rules 1 & 2 CPC before the Court of learned Additional District Judge, Fast Track No.3, Bikaner (in short, 'learned Court below') against one Smt. Madhuri Singh and other persons; wherein the learned Court below had passed an interim order dtd. 24/10/2007, directing the defendants therein that they shall not interfere with the possession of the petitioner, in regard to the property in question, and that, the property in question shall not be alienated, as it was not proved that the petitioner was an encroacher over the property in question. 2.1. Further, defendant-Smt. Madhuri Singh, during pendency of the aforementioned suit, however, sold the property in question to the respondents no. 1 to 4 herein. The said respondents, claiming themselves to be the landlord of the property in question, filed an application under Sec. 9 of the Rajasthan Rent Control Act, 2001 (hereinafter referred to as 'Act of 2001') against the respondent no.5-Devi Singh i.e. Tenant and the present petitioner, before the learned Rent Tribunal, Bikaner (in short, 'the learned Tribunal').

(3.) Learned counsel for the petitioner submits that the after passing of the interim order dtd. 24/10/2007 by the learned Additional District Judge, Fast Track no.3, Bikaner, and the main suit itself is pending; thus, in view of the same, the application under Sec. 9 of the Act of 2001 filed by the respondents no.1 to 4 before the learned Tribunal was not maintainable.