BANARSI Vs. RENT TRIBUNAL

JUDGEMENT

(1.) This petition is directed against order dated 5.11.16 passed by the Rent Tribunal, Bikaner in Case No.11/15, rejecting an application preferred by the petitioner for stay of the proceedings, on the ground of pendency of the appeal before this court, which is continuation of the proceedings in the suit in respect of title over the disputed property, rejected by the trial court.

(2.) The facts relevant are that the respondent no.2-Rajasthan Prakartik Chikitsa Samiti preferred an application under Section 9 of the Rent Control Act, 2001 (for short "the Act") before the Rent Tribunal, Bikaner, seeking eviction of the petitioner from the rented premises on the ground of reasonable and bona fide necessity, denial of title, discontinuation of employment and non user of the premises. The application is being contested by the petitioner and Smt. Gora by filing a reply thereto. The petitioner has denied the factum of her being in the employment of the respondent no.2 and the premises being let out to her for residential purposes by reason of her being in employment of the respondent no.2. The petitioner also denied the relationship of landlord and tenant and claimed that she is in possession of the property in question as owner for years together.

(3.) During the pendency of the application seeking eviction, the petitioner preferred an application seeking stay of the proceedings on the ground that a suit preferred by her for declaration of title and permanent injunction in respect of the premises in question is pending consideration before Additional District Judge No.2, Bikaner and therefore, the application preferred by the respondent no.2 while claiming herself to be owner of the property, seeking eviction of the petitioner from the premises in question, cannot be proceeded with and deserves to be stayed.