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MAHENDAR KUMAR GOYAL
Satyendra Singh – Appellant
Versus
Moorti Mandir Shri. Bihari Ji Maharaj – Respondent
JUDGMENT :
Mr. Mahendar Kumar Goyal, J. - This review petition has been filed seeking recall and review of the judgment dated 25.05.2023 passed by this Court in S.B. Civil Writ Petition No.8593/2022 whereby, the writ petition filed by the review petitioner against the concurrent findings of facts recorded by the learned Appellate Rent Tribunal, Alwar and the learned Rent Tribunal, Alwar allowing the original application filed by the respondents/landlords under Section 9 of the Rajasthan Rent Control Act, 2001, was dismissed.
2. Inviting attention of this Court towards the statement of Shri. Ram Das (PW-1) and documents pertaining to registration of the respondent-Trust under the Rajasthan Public Trust Act, 1959 (for brevity, "the Act of 1959") submitted alongwith an application filed under Order 41, Rule 27 CPC, learned counsel for the review petitioner contends that Shri. Ram Das was not authorised to file the eviction application on behalf of the landlord trust. He, therefore, prays that the review petition be allowed, the judgment dated 25.05.2023 be recalled and the review petition can be restored to its original number.
3. Heard. Considered.
4. Submission of the learned counsel fo
A review petition must demonstrate that new, significant evidence was unavailable at the time of the original judgment to warrant reconsideration.
The court established that failure to provide evidence of property exemption and procedural compliance can lead to dismissal of eviction challenges under the Rent Control Act.
Appellate Rent Tribunal has allowed documents to be taken on record, while remanding matter back to learned Rent Tribunal.
Landlords need only establish a better title than the tenant in eviction proceedings, and the powers of review are confined to addressing patent errors without reappraising previously settled materia....
The amendment sought under Order 6 Rule 17 CPC should be allowed only if the facts were not within the petitioner's knowledge prior to filing the reply.
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