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2024 Supreme(Raj) 177

NUPUR BHATI
Chandratan Chandak S/o Late Shri Chaganlal – Appellant
Versus
Durgashankar Chandak S/o Shri Suraj Ratan Chandak – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Surendra Thanvi
For the Respondent: Mr. Nishank Madhan

ORDER :

1. The instant writ petition has been preferred under Article 227 of the Constitution of India claiming following reliefs:-

    “(a) The impugned order dated 26.10.2023 (Annex-3) passed by the learned Rent Tribunal, Bikaner in Rent Case No.97/2022 [Chandratan Chandak Vs. M/s Aaradhya Digital Scale] may kindly be declared illegal and the same may kindly be quashed and set-aside.

(b) The application preferred by the respondent No.1 under Order 1 Rule 10 of Code of 1908 may kindly be rejected in toto.

(c) The learned Rent Tribunal may kindly be directed to delete the name of respondent No.1/non-applicant No.2 in the array of cause title.”

2. Brief facts of the case are that the petitioner filed an application under Section 18 of the Rajasthan Rent Control Act, 2001, seeking an injunction against the non-applicant/respondent No.2. The respondent No.2 filed reply to the said application and thereafter, during the pendency of the proceedings, an application under Order 1 Rule 10 of Civil Procedure Code (in short ‘CPC’), 1908, came to be filed by the respondent No.2, claiming himself to be the owner of the said premises in dispute. The petitioner filed reply to the said application while

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