HATIM ALI Vs. NAYAN KUMARI

JUDGEMENT

(1.) THIS petition is directed against order dt. 27.11.13 of the Rent Tribunal, Udaipur, whereby an application preferred by the respondents -landlord for examination of the petitioner -tenant under Order X Rule 2 CPC, has been allowed. The relevant facts are that the respondents preferred a petition for eviction and recovery of rent against the petitioner. The eviction of the petitioner from the premises let out, a shop, is sought on the grounds of default in payment of rent, reasonable & bona fide necessity, sub letting and availability of alternate accommodation adequate for the requirement of the tenant. The rent petition is being contested by the petitioner by filing a reply thereto. In the reply filed, the petitioner has denied the landlord -tenant relationship.

(2.) DURING the pendency of the petition, the respondents preferred an application before the Rent Tribunal praying for examination of the petitioner under Order X Rule 2 CPC, stating therein that while denying the landlord -tenant relationship, the petitioner has claimed that he is occupying the premises by inheritance, however, no document has been produced by the petitioner in this regard despite directions issued by the Tribunal. It was contended that the petitioner has not disclosed any basis for his possession as alleged whereas, the petitioner got transferred the electricity connection from the disputed premises showing himself as tenant.

(3.) AFTER due consideration of the rival submissions, the application preferred has been allowed by the Rent Tribunal observing that the evasive reply given by the petitioner herein needs to be interfered with by the Rent Tribunal. The Tribunal observed that it needs to be clarified as to whether the petitioner claims ownership over the premises by inheritance or occupation over the premises as tenant by inheritance in terms of provisions of Section 2(i)(ii) of the Act of 2001. The Tribunal observed that the applicability of the provisions of CPC is not prohibited under the provisions of Act of 2001 and therefore, the Rent Tribunal is competent to direct examination of the parties to the proceedings for clarification of the disputed questions emerging from the pleadings of the parties. Accordingly, the application stands allowed by the order impugned. Hence, this petition.