RAKESH MITTAL Vs. RESHAM BHATIA

JUDGEMENT

(1.) This writ petition is filed with following prayer:-

(2.) The relevant facts in brief are that the petitioner suffered a final order dtd. 7/9/2018 under Sec. 9 of the Rajasthan Rent Control Act, 2001 (for brevity, "the Act of 2001") passed by the learned Rent Tribunal, Jaipur Metropolitan and a consequential recovery certificate qua the subject shop. Pursuant to an execution application filed by the respondent/landlord/decree holder (for brevity, "decree holder"), possession of the subject shop was handed over to the decree holder under direction of the learned executing Court. Thereafter, the petitioner filed an application under Sec. 11 of the Act of 2001 read with Sec. 6 of Specific Relief Act, 1963 and Articles 64 and 65 of the Limitation Act, 1963 claiming restoration of possession of the suit shop. The application has been dismissed by the learned Rent Tribunal vide order dtd. 11/4/2022. In these circumstances, this writ petition is filed with the aforesaid prayers.

(3.) Learned counsel for the petitioner submits that the respondent has filed the execution application without complying with the provision of Order 21 Rule 11 inasmuch as it was neither supported by her affidavit nor, the relevant documents to reflect her title in the subject property were submitted alongwith. He, in support of his submissions, relies upon the judgment of the Hon'ble Supreme Court of India in the case of Nair Service Society Ltd. vs. Alexander and Others: AIR 1968 Supreme Court 1165. He, therefore, prays that the writ petition be allowed in terms prayed for.