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2018 Supreme(Raj) 251

SANJEEV PRAKASH SHARMA
Madhu Sharma W/o Shri Krishan Kumar Sharma – Appellant
Versus
Sanjeev Sharma S/o Shri Jogendra Pal – Respondent


Advocates Appeared:
For the Petitioner: Mr. Raghunandan Sharma
For the Respondent: Mr. A.C. Upadhayay

JUDGMENT & ORDER :

1. By way of this writ petition, the petitioner-landlord assails the order dated 10/05/2017 passed by the learned Additional District Judge No.10, Jaipur Metropolitan, Jaipur whereby he has remanded the matter back to the learned Additional Civil Judge and Metropolitan Magistrate No.2, Jaipur Metropolitan, Jaipur to adjudicate the matter afresh after providing opportunity of hearing to the parties.

2. Learned counsel for the petitioner-landlord submits that the proceedings being continued by the respondent-tenant are clearly abuse of the process of the Court. He has invited this Court to chain of events which have taken place in the present case.

3. Initially, the petitioner, landlord of premise i.e. House No.302-A, Shanti Nagar-B, Near Gurjar Ki Thari, Gopal Pura By-pass, Jaipur, had let out the respondent-tenant her premises for Rs.8500/- per month. A rent agreement was also executed to the said effect on 10/04/2013. The agreement was for a period of eleven months with a provision to increase the rent by 5% thereafter.

4. It is submitted that the petitioner came to know of the respondent being a land grabber and having eighteen criminal cases pending against him an




















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