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2024 Supreme(Online)(RAJ) 30240

HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
MAHENDAR KUMAR GOYAL, J
ISHWAR LAL S/O SH. KANHAIYALAL – Appellant
Versus
DR. YOGESH AILANI S/O LATE DR. CHANDRA PRAKASH AILANI – Respondent


Judgment / Order

 This writ petition under Article 227 of the Constitution of India is directed against the order dated 05.02.2024 passed by learned Rent Tribunal, Jaipur Metropolitan II (for brevity “learned Rent Tribunal”) in Application No.194/2023 whereby, an objection raised by the petitioner/tenant (hereinafter referred to as “petitioner”) against taking on record the rejoinder filed by the respondent/landlord (hereinafter referred to as “respondent”), has been rejected.

The relevant facts in brief are that the respondent filed an application under Section 9 of the Rajasthan Rent Control Act, 2001 (for brevity, “the Act of 2001”) seeking eviction of the petitioner from the rented premises comprising of a shop on the ground of reasonable and bona fide necessity. Therein, the rejoinder filed by the respondent was taken on record by the learned Rent Tribunal on 04.01.2024. Raising an objection that it was beyond the period of 30 days from the date of filing of the reply and was barred by limitation as envisaged under Section 15(4) of the Act of 2001, it was prayed by the petitioner that the order dated 04.01.2024 be recalled and rejoinder filed by the respondent be rejected. The

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