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2022 Supreme(Raj) 255

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
MAHENDRA KUMAR GOYAL, J.
Satnam Motocorp Pvt. Ltd. and Ors. - Appellants
Versus
Kinshuk Sharma S/o. Shri Shiv Sharan Sharma - Respondent
S.B. Review Petition (Writ) No. 83 of 2020 in S.B. Civil Writ Petition No. 4803 of 2020
Decided On : 04-01-2022

Advocates:
Advocate Appeared:
For the Appellant : Suresh Kumar Sahni and R.M. Sharma.

Headnote:

Contempt of Court Act, 1971 - Rent Control Act, 2001 - Section 19-A, 15(5) - Review petition - Seeking recalling of the order - Procedure for eviction of tenant - applicant-landlord on application wherein prayers have been made to initiate due proceeding against review-petitioners and their Advocate under Contempt of Court Act, 1971 as also to direct concerned police officials to provide adequate security to him and his family till pendency of dispute between parties – Held, Indisputably, in his earlier writ petition filed by landlord, he did not seek a direction for learned Tribunal to decide eviction application filed by him within any specified period - Even order does not reflect that landlord has prayed therein to direct learned Tribunal to decide eviction application within any time period which could be turned down by this court - In absence of any prayer in earlier writ petition as also before this Court on earlier occasion thereby seeking a direction for learned Tribunal to decide eviction petition within any specified time period, this Court is not satisfied that observations by learned Single Judge in its order amounted to such material fact, suppression of which could non-suit landlord in filing a writ petition seeking a direction for disposal of eviction petition within six months/a specified period - Court is not inclined to recall direction issued vide order whereby, learned Rent Tribunal has been directed to decide eviction petition within a period of two years from date of receipt of certified copy of order - Review petition dismissed

ORDER :

Mahendra Kumar Goyal, J.

1. Heard the applicant-landlord on the application No. 1/2021 wherein prayers have been made to initiate due proceeding against the review-petitioners and their Advocate under the Contempt of Court Act, 1971 as also to direct the concerned police officials to provide adequate security to him and his family till pendency of the dispute between the parties.

2. The gravamen of allegation in the application is that the review-petitioners and his counsel are preventing the applicant-landlord in attending the proceedings of the review petition. The applicant-landlord has failed to make out any case to entertain the prayers made in the application. He has been regularly attending the Court proceedings in the review petition and on none of the occasions, he has stated that he was prevented by the petitioners or for that matter, their counsel from attending the Court or making his submission. There has been no interference in the administration of justice and hence, the prayer to draw contempt proceeding does not merit acceptance. In so far as another prayer of the applicant-landlord seeking a direction to provide him and his family member adequate security is concerned, he is free to avail appropriate remedy available under the law but, this Court is not inclined to entertain such prayer in the review petition.

3. The application is dismissed accordingly.

4. This review petition has been filed by the respondents-tenant seeking recalling of the order dated 22.07.2020 passed by this Court in SB Civil Writ Petition No. 4803/2020 whereby, the learned Rent Tribunal, Jaipur has been directed to decide the Eviction Petition No. 502/2018, Kinshuk Sharma versus M/s. Satnam Motocorp Pvt. Ltd. and another within a period of two years from the date of receipt of certified copy of the order.

5. Learned counsel for the review petitioners, drawing attention of this Court towards the order dated 16.09.2019 passed by a Coordinate Bench of this Court in SB Civil Writ Petition No. 14772/2019, M/s. Satnam Motocorp Pvt. Ltd. & Anr. Vs. Kinshuk Sharma and another connected writ petition, submitted that therein, this Court has declined to entertain the prayer of the petitioner-landlord to lay down any time limit for deciding the eviction petition but, concealing this material fact, he filed a writ petition No. 4803/2020 which came to be decided by this Court vide ex-parte order dated 22.07.2020 in the manner as stated hereinabove. Learned counsel submitted that it was obligatory upon the petitioner-landlord to have disclosed before this Court as to denial of similar prayer, i.e., to decide the eviction petition filed by him within any specified time period, in absence whereof, the direction issued by this Court vide order dated 22.07.2020 needs to be recalled and the writ petition deserves to be dismissed. He, relied upon the judgments of Hon'ble Apex Court of India in cases of Satyan v. Deputy Commissioner & Ors., (2020) 14 SCC 210, Om Prakash Ram v. State of Bihar & Ors., (2019) 14 SCC 281 and T. Arivandandam v. T.V. Satyapal & Anr., (1977) 4 SCC 467, in support of his submissions.

6. Per contra, the petitioner-landlord submitted that he has placed along with the writ petition copies of entire order-sheets of the learned Rent Tribunal to demonstrate that every endeavour was being made by the review-petitioners-tenant to stall the eviction proceedings. He submitted that he never made any prayer in the earlier writ petition filed by him to decide the eviction petition within specific time period. He, therefore, prayed for dismissal of the review petition.

7. Heard the learned counsel for the review petitioners and the landlord, present in person and perused the record.

8. The order dated 16.09.2019 was passed by this Court in the writ petitions preferred by the review-petitioners-tenant as well as by the landlord against the order dated 31.07.2019 whereby, the learned Rent Tribunal, Jaipur has partly allowed the application filed by

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