Hon'ble KOTHARI, J.—This writ petition under Article 227 of the Constitution of India has been filed by the petitioner-tenant against the order dated 12.10.2012 passed by learned Rent Tribunal, Jodhpur, whereby the Rent Tribunal refused to frame the issues as provided in Order 14 of CPC in the eviction application filed by the respondent/landlady seeking eviction of the tenant from the suit shop No. 9 in question, situated at Masuria Section 7, Jodhpur for the bonafide necessity of her son. The petitioner/tenant is carrying on the business of "Kirana" in the name and style of M/s. Durga Kirana Store in the shop in question.

2. The learned trial court while passing the order impugned has obser-ved that the summary proceedings prescribed u/Sec.21 of the Rajasthan Rent Control Act, 2001, (for short, hereinafter referred to as 'Act of 2001') does not specifically require the Rent Tribunal to frame the issues and Rent Tribunals are not bound by the procedure laid down in the Civil Procedure Code, 1908. but is guided by the principles of natural justice, and the other provisions of the Act of 2001 itself, and Rules framed thereunder. Therefore, the application filed by the petitioner/tena

Click Here to Read the rest of this document