Rajasthan High Court: Mahendar Kumar Goyal, J., dismissed a writ petition which was filed aggrieved by the order of the Rent Tribunal which had dismissed an application filed by the petitioner/non-applicant/tenant under Order 7 Rule 11 CPC.
The respondent-applicant had filed an Original Application under Section 18 of the Rajasthan Rent Control Act, 2001 stating therein that the petitioner was the tenant in his flat under a rent agreement. Alleging default in the payment of rent, his eviction was sought by the respondent. The petitioner-tenant had filed the application under Order 7 Rule 11 CPC which had been dismissed by the Rent Tribunal.
The Counsel for the petitioner, Yogesh Chandra Joshi, contended that the rent agreement does not reveal that the petitioner was tenant in Flat No. 606 but simply read “TWO ROOM SET on 6th FLOOR, OUT OF SOCIETY” in the layout plan of Vaidant Height, Nand Puri-B, Near Mahima Group Apartment, Guru Circle, Pratap Nagar, Sanganer, Jaipur. He further submitted that while dismissing the application, the Rent Tribunal did not appreciate signatures of the first party; second party and witness 2 were obtained later on as the signatures followed mark ‘X’.
The Court while dismissing the writ petition affirmed the order of the Rent Tribunal and explained that Flat No.606 was specifically mentioned in the eviction application under tenancy of the petitioner which, as per the order impugned, was not been disputed even by the petitioner, further the effect of the absence of flat number in the rent agreement was to be examined by the Rent Tribunal, in case any such objection existed in the reply filed by the petitioner and the counsel for petitioner failed to point out any averment or omission in the eviction application which might invite application of the provisions of Order 7 Rule 11 CPC. The Court further stated that the application filed by the petitioner under Order 7 Rule 11 CPC does not reveal any reason for filing it at such belated stage when the case was fixed for the final arguments which indicated malafide intention to delay the disposal of the eviction application. [Anil Joshi v. Beejal Chopra, 2020 SCC OnLine Raj 1256, decided on 24-08-2020]
*Suchita Shukla, Editorial Assistant has put this story together