UNION OF INDIA Vs. RENT TRIBUNAL

JUDGEMENT

(1.) By this writ petition, the petitioners have prayed for quashing order dated 03.10.2007 passed by the learned Rent Tribunal, Jodhpur upon the application filed by the petitioner under Sec. 8 of the Arbitration & Conciliation Act, 1996 (in short, to be called "the Act of 1996" hereinafter).

(2.) According to facts of the case, a suit was filed by respondent No. 2 against the petitioner for recovery of arrears of rent and eviction claiming himself to be the owner of the property and the said property was alleged to be purchased by it from Inderjeet Singh in the year 2005. After issuance of notice therein, a reply was filed by the respondent -petitioners denying the averments made in the suit and it was replied that an agreement for taking the premises in question on rent was executed in between Inderjeet Singh and Union of India and no notice was given to the Union of India. In the reply, it was specifically stated that no agreement between the petitioners and respondent No. 2 was executed and the petitioner BRTF is an undertaking of the Ministry of Defence, Government of India. The petitioners have placed on record the photo -stat copy of the said agreement which was taken on record on 19.04.2007.

(3.) As per petitioners, an application was filed under Order 11 Rule 14, C.P.C. before the Rent Tribunal for production of the agreement which is said to be executed in between Inderjeet Singh and the Union of India because the said agreement was not traceable in the BRTF Department and assertion was made by the petitioners in the reply to suit in para 3 that agreement was executed in the year 1976 in between Inderjeet Singh and Union of India, therefore, plaintiff may be directed to produce the said agreement before the Court.