ASHOK KUMAR KHANDELWAL Vs. GAJANAND GUPTA

JUDGEMENT

(1.) This writ petition under Article 227 of the Constitution of India is directed against the order dtd. 16/11/2024 passed by the learned Rent Tribunal, Alwar (for brevity "learned Rent Tribunal") in application No.34/70/17 whereby, an application filed by the petitioner/non-applicant/tenant (for brevity "non- applicant") under Ss. 10 and 151 CPC read with Sec. 21 of Rajasthan Rent Control Act, 2001 (for brevity "the Act of 2001"), has been dismissed.

(2.) The relevant facts in brief are that the respondent/applicant/landlord (for brevity, "applicant") filed an original application against the non-applicant claiming himself to be the owner and landlord of the subject suit shop seeking eviction on the grounds of his reasonable and bonafide necessity and acquisition of suitable alternative accommodation by the non- applicant. During its pendency, the non-applicant filed an application, as aforesaid, seeking stay on the proceeding which has been rejected by the learned Rent Tribunal vide its order impugned dtd. 16/11/2024.

(3.) Assailing the order, learned counsel for the non-applicant, inviting attention of this Court towards the judgment and decree dtd. 7/9/2017 passed by the Court of learned Additional District Judge No.2, Alwar in Civil Suit No. 211/2011: Madanlal and Ors. vs. Ashok Kumar Khandelwal and Ors., would submit that direction of the learned Court declaring the plaintiff as owner and landlord of the suit shop and entitled to receive the rent from him, has been stayed by this Court in S.B. Civil First Appeal No. 834/2017: Rameshwar Dayal and Ors. vs. Madan Lal and Ors. She further submits that however, this Court, vide its interim order dtd. 17/5/2018 passed in the aforesaid first appeal, directed him to deposit the rent during pendency of the appeal regularly in the trial Court in accordance with law whereupon, he is doing so regularly. She contends that since, it is yet to be decided in the first civil appeal as to who is his landlord, the application filed by him under Ss. 10 and 151 CPC read with Sec. 21 of the Act of 2001 deserved to be allowed. She, therefore, prays that the writ petition be allowed, the order impugned dtd. 16/11/2024 be quashed and set aside and the application filed by him be allowed.