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2015 Supreme(Raj) 2028

AJIT SINGH, ARUN BHANSALI
Mohan Lal – Appellant
Versus
Manohar Lal – Respondent


Advocates:
For the Appellant:Shreedhar Purohit, Advocate.

JUDGMENT

1. This is an intra court appeal against the order of learned Single Judge of this High Court, whereby he has dismissed the appellant's Civil Writ Petition No.10523/2015.

2. Civil Writ Petition No.10523/2015, in turn, was directed against the order dated 07.08.2015 passed by the Appellate Rent Tribunal, Bhilwara.

3. Recently, a Division Bench of this High Court vide judgment dated 29.7.2015 in D.B. Special Appeal (Writ) No.345/2015 : Hindustan Petroleum Corporation Limited v. M/s. Shyam Narain Mehra & Brothers , has held that in eviction matters between landlord and tenant, the High Court exercises its power of superintendence, which is vested in it under Article 227 and not under Article 226 as in the case of power under Article 226 of the Constitution of India, the High Court in view of the pronouncement of the Supreme Court in Shalini Shyam Shetty v. Rajendra Shankar Patil : (2010) 8 SCC 329 and Jacky v. Tiny Alias Antony & Ors. : (2014) 6 SCC 508 could not have been entertained such prayers and hence, writ appeal is not maintainable.

4. Having regard to the said judgment, this writ appeal is apparently not maintainable. The judgment in Jogendra sinhji v. State of Gu



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