[2025:RJ-JP:36818]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 12907/2025 Girdhar Gopal Son Of Durgadutt Bawaliya, Aged About 71 Years, Resident Of Sabji Mandir, Jhunjhunu Tehsil And District Jhunjhunu (Raj.).

----Petitioner Versus

1. Sanwarmal Sharma Son Of Late Shri Mukandaram, Aged About 81 Years, Resident Of Karundiya Road, Jhunjhunu, Tehsil And District Jhunjhunu (Raj.) (Since Deceased)

Through L.rs

2. Durgadutta Bawaliya Son Of Late Shri Surajmal Bawaliya, Resident Of Sabji Mandi, Jhunjhunu, Tehsil And District Jhunjhunu (Raj.) (Since Deceased) Through L.rs

3. Gori Shankar Son Of Durgadutt Bawalia, Resident Of Sabji Mandi, Jhunjhunu, Tehsil And District Jhunjhunu (Raj.)

4. Mahesh Soni Son Of Ganesh Soni, Resident Of Near Gayatri Mandir, Jhunjhunu Tehsil And District Jhunjhunu (Raj.)

5. Asstt. Engineer, A.v.v.n.l. Jhunjhunu.

6. Nagar Parishad Jhunjhunu, Through Commissioner Nagar Parishad, Jhunjhunu.

7. Pushpa Devi Wife Of Late Sanwarmal, Resident Of Karundiya Road, Jhunjhunu, Tehsil And District Jhunjhunu (Raj.)

8. Manju Devi Daughter Of Late Sanwarmal, Resident Of Karundiya Road, Jhunjhunu, Tehsil And District Jhunjhunu (Raj.)

9. Sunil Son Of Late Sanwarmal, Resident Of Karundiya Road, Jhunjhunu, Tehsil And District Jhunjhunu (Raj.)

10. Anil Son Of Late Sanwarmal, Resident Of Karundiya Road, Jhunjhunu, Tehsil And District Jhunjhunu (Raj.)

11. Rekha Daughter Of Late Sanwarmal, Resident Of Karundiya Road, Jhunjhunu, Tehsil And District Jhunjhunu (Raj.)

12. Naveen Son Of Late Sanwarmal, Resident Of Karundiya Road, Jhunjhunu, Tehsil And District Jhunjhunu (Raj.)

13. Urmila Daughter Of Late Durgadutt Bawalia, Late Shri Surajmal Bawaliya, Resident Of Sabji Mandi, Jhunjhunu, Tehsil And District Jhunjhunu (Raj.)

14. Manju Daughter Of Late Durgadutt Bawaliya, Resident Of Sabji Mandi, Jhunjhunu, Tehsil And District Jhunjhunu (Raj.)

----Respondents For Petitioner(s) : Mr.Sumit Rawat Mr.Rohit Sharma JUSTICE ANOOP KUMAR DHAND

Order

11/09/2025

1. By way of filing this writ petition, a challenge has been led to the impugned order dated 08.07.2025 passed by the Rent Tribunal (hereinafter referred to as “the Tribunal”) by which the application filed by the respondent No.1 has been allowed and the affidavit in the form of evidence submitted by the petitioner has not been taken on record, but the same has been ordered to be kept in Part-D of the file.

2. Learned counsel for the petitioner submits that the respondent No.1 had submitted an application under Section 9 of the Rajasthan Rent Control Act, 2001 (for short, “the Act of 2001”) against the petitioner for his eviction from the subject premises.

3. Counsel submits that after receipt of the aforesaid application, the petitioner submitted reply on 26.05.2025, but with the reply, the evidence affidavit was not submitted and the same was submitted on 08.07.2025. Counsel submits that slight delay has occurred in filing the affidavit, but the same has not been taken on record and the same has been ordered to be kept in Part-D of the file.

4. Counsel submits that important question of law and facts are involved and if the affidavit of the petitioner is not taken on the record, the petitioner would be prejudiced by the proceedings pending against him before the Tribunal, therefore, in the interest of justice, a direction be issued to the Tribunal to take the affidavit of the petitioner on record and decide the application submitted by the respondents in accordance with law.

5. Heard and considered the submissions made at the Bar and perused the material available on record.

6. Perusal of the record indicates that after service of notice of the application filed by the respondent under Section 9 of the Act of 2001 against the petitioner, reply to the aforesaid was submitted by the petitioner on 26.05.2025. This fact is not in dispute that the affidavit was not enclosed with the reply and the same was submitted at a later stage on the next date, i.e., 08.07.2025.

7. It appears t