RAMESH KUMAR Vs. CHANDU LAL AND ANR.

JUDGEMENT

(1.) THESE three appeals arise out of the similar orders dated 6.8.08 passed by the learned Single Judge in writ petitions Nos. 3944/08, 3945/08 and 3946/08. By the orders under appeal, the aforesaid writ petitions preferred by the writ petitioner, respondent No. 1 herein assailing the validity of orders dated 24.5.98 passed in Rent Petition No. 63/07 and 58/07 and order dated 28.5.98 passed in Rent Petition No. 59/07 by the Rent tribunal, Sri Ganganagar (in short "the tribunal" hereinafter) have been allowed and the aforesaid orders impugned in the writ petitions passed by the learned tribunal taking the reply to the petitions filed on behalf of the appellant -tenant on record have been set aside.

(2.) SINCE the questions involved in all these three appeals arising from the aforesaid orders passed by the learned Single Judge are identical, therefore, the same were heard together and are being disposed of by a common order. For the convenience, the facts of D.B. Civil Special Appeal No. 1132/98 arising from writ petition No. 3946/08 are being taken into consideration as a lead case.

(3.) AFTER hearing both the parties and due consideration of the facts and circumstances of the case, the learned tribunal opined that keeping in view the principles of natural justice and to subserve the cause of justice, the reply to the petition filed on behalf of the appellant -tenant deserves to be taken on record. Accordingly, the application preferred by the respondent No. 1, objecting the reply filed on behalf of the appellant -tenant being taken on record was rejected by the learned tribunal vide order dated 28.5.08. By the self same order, the application preferred by the respondent No. 1 seeking leave to file rejoinder was also rejected. In these circumstances, the validity of the order passed by the learned tribunal in each case separately was assailed by the respondent No. 1 herein by way of writ petitions before this Court as detailed supra.