JUDGMENT :

1. These writ petitions under Article 227 of the Constitution of India have been preferred claiming the following reliefs:

S.B. Civil Writ Petition No. 1901/2023:

“It is, therefore, respectfully prayed that by calling the record of the case this writ petition may kindly be allowed and by an appropriate writ, order or direction:-

(a) The impugned order dated 16.11.2022 (Annexure-10) passed by the Learned Rent Tribunal, Jaisalmer in Original Application No.1/2023 (12/2014) titled as M/s. Rajeev Arts V/s. M/s. Rajeev Arts Address-Near Fort Jain Temple & Ors. may kindly be quashed and set-aside.

(b) That application filed by petitioner trust-non-applicant no.1 under Order 6 Rule 17 & Order 8 Rule 1A(3) read with 151 CPC and Section 21 of Rajasthan Rent Control Act may kindly be allowed and grant permission to the petitioner trust for amendment in reply accordingly to application and also annexed documents may kindly be taken on record and also permitted to the petitioner trust for tendering and exhibiting these documents in evidence.

(c) Any other appropriate order or direction, which this Hon’ble High Court considers just and proper in the facts and circumstances of the case, may kindly be passed in favour of the petitioner.

(d) The cost of the writ petition may kindly be awarded to the petitioner.”

S.B. Civil Writ Petition No. 3005/2023:

“It is, therefore, respectfully prayed that by calling the record of the case this writ petition may kindly be allowed and by an appropriate writ, order or direction:-

(a) The impugned order dated 28.05.2022 (Annexure-7) passed by the Learned Rent Tribunal, Jaisalmer in Original Application No.1/2023 (12/2014) titled as M/s. Rajeev Arts V/s. Shri Jaisalmer Lodravpur Parshwanath Jain Swetambar Trust & Ors. may kindly be quashed and set-aside and reply alongwith documents filed by the petitioner may kindly be taken on record.

(b) Any other appropriate order or direction, which this Hon’ble Court considers just and proper in the facts and circumstances of the case, may kindly be passed in favour of the petitioner.

(c) The cost of the writ petition may kindly be awarded to the petitioner.”

2. As per the facts pleaded in S.B. Civil Writ Petition No.3005/2023, the respondent no.2-Shri Jaisalmer Lodravpur Parshwanath Jain Swetambar Trust (hereinafter referred to as ‘Trust’) let out a property, situated at Fort, Jaisalmer, on rent to the petitioner-Shri Padam Chand Ranka, vide the rent deed that was executed between the petitioner and the respondent no.2. The petitioner further sublet the property to the respondent no.1-M/s. Rajeev Arts; whereafter, the respondent-Trust filed an eviction petition in the year 2011 against the petitioner, whereupon the learned Rent Tribunal vide judgment dated 03.10.2011 allowed the said eviction petition. Thereafter, the respondent-M/s. Rajeev Arts filed an application under Section 18 of the Rajasthan Rent Control Act, 2001 before learned Rent Tribunal, Jaisalmer against the judgment dated 03.10.2011, and the respondent-Trust filed a reply to the said application.

2.1. The petitioner-Shri Padam Chand Ranka filed an application for taking on record the reply filed by the petitioner to the aforementioned application and also filed an application for condonation of delay before the learned Rent Tribunal; the respondent-M/s. Rajeev Arts filed a reply to the said application of the petitioner. The learned Rent Tribunal vide the impugned order dated 28.05.2022 rejected the said application of the petitioner.

2.2. Learned counsel for the petitioner-Padam Chand Ranka submitted that the petitioner filed the application seeking condonation of delay, wherein the learned Rent Tribunal, before passing the impugned order, ought to have given an opportunity of hearing. Thus, as per learned counsel, the impugned order passed by the learned Tribunal against the said petitioner is not sustainable in the eye of law.

2.3. Learned counsel further submitted that still the rebuttal evidence of t