MANOHAR LAL AND ORS. Vs. JAGDISH AND ORS.

JUDGEMENT

(1.) THIS writ petition is directed against order dated 8.2.11 passed by the Rent Tribunal, Barmer in case No. 9/07, whereby the application preferred by the petitioners under Section 21(3) of Rajasthan Rent Control Act, 2001 ( for short "the Act") read with Order XIV Rule 1 & 5 CPC, for framing the issues, has been rejected.

(2.) THE respondent No. 1 herein, filed a petition against the petitioners and the respondent No. 2 to 6 herein, for their eviction from the rented premises on the grounds of sub letting, reasonable and bona fide necessity and the tenants acquiring vacant possession of suitable premises adequate for their requirement. The petition is being contested by the petitioners herein by filing a reply thereto.

(3.) THE application has been rejected by the Rent Tribunal observing that in the petition filed seeking eviction mainly it is to be seen whether the landlord has reasonable and bona fide necessity of the premises or not and looking at the reply filed on behalf of the respondent, no such dispute arises between the parties, requiring framing of the issues. The Rent Tribunal observed that the legal questions can be decided even without framing the issues. Hence, this petition.