KAILASH MALPANI Vs. RENT TRIBUNAL, JODHPUR AND ANOTHER

JUDGEMENT

(1.) This writ petition is directed against the order dated 12.04.2013 passed by the Rent Tribunal, Jodhpur (for short 'the Tribunal'), whereby, the applications filed by the petitioner seeking directions to the respondent for repair of the premises and for appointment of Surveyor for bringing on record the status of the suit property have been rejected.

(2.) After hearing the parties, the Tribunal came to the conclusion that the petition seeking repair of the premises could be filed under Section 24 of the Rent Control Act, 2001 (for short 'the Act') and the same was not maintainable under the pending proceedings under Section 9 of the Act. Regarding the appointment of the Surveyor as Commissioner, the Tribunal came to the conclusion that the Commissioner cannot be appointed for the collection of evidence and, consequently, dismissed both the applications.

(3.) Learned counsel for the petitioner submitted that the application seeking repair of the premises was not made under any specific provision, only permission was sought in the pending proceedings and, therefore, it cannot be said that the application was not maintainable. It was also submitted that the appointment of the Commissioner was sought so that the correct status of the building may come before the Tribunal, however, the Tribunal by taking a very cursory view of the matter has rejected both the applications.