KISHAN SINGH @ JAI KISHAN BHATI Vs. KANAD SINGH

JUDGEMENT

(1.) This writ petition is directed against the order dated 24.3.2007 (Annexure-6), whereby and where under, the application moved by the non-petitioner under Section 13(5) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 was allowed.

(2.) The facts relevant to the case are that provisional rent was determined under Section 7 (1) of the aforesaid Act. However, the suit, having been filed on the ground of personal bona fide necessity and for fixation of standard rent, thus, no order under Section 13(3) of the Act was passed. Taking note of this aspect, this Court passed a detailed order on 26.7.2007 and therein, the further proceeding of the matter was also stayed.

(3.) Learned counsel appearing for the respondents though argued the matter, but could not seriously dispute the legal position, inasmuch as, without there being any order under Section 13(3) of the Act, the order under Section 13(5) of the Act striking out the defence of the petitioner cannot be passed.