HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 3771/2021

Bhanwar Lal S/o Achla Ram, Aged About 60 Years, 15, Surajpole,

Ghanchiyon Ka Baas, Pali, District Pali.

----Petitioner

Versus

Ogad Ram S/o Bhaira Ram, By Caste Ghanchi, Resident Of

Somnath Mandir Road, Pali, District Pali

----Respondent

Connected With

S.B. Civil Writ Petition No. 3759/2021

Bhanwar Lal S/o Shri Achla Ram, Aged About 60 Years, Resident

Of 15, Surajpole, Ghanchiyon Ka Baas, Pali, District Pali.

----Petitioner

Versus

Ogad Ram S/o Shri Bhaira Ram, By Caste Ghanchi, Resident Of

Somnath Mandir Road, Pali, District Pali, Rajasthan.

----Respondent

For Petitioner(s)

:

Mr. Vasudev Charan, Mr. Gourav

Thanvi, Mr. Dinesh Purohit,

Mr. Rajendra Mulewa

For Respondent(s)

:

Mr. Birbal Ram

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

03/12/2021

1.

These writ petitions have been preferred claiming, in sum

and substance, the following reliefs:

“i) by an appropriate writ, order or direction, the

impugned order dated 05.02.2019 (Annexure-P/5)

passed by the learned Rent Tribunal, Pali rejecting the

application under Order 9 Rule 13 CPC and the

impugned order dated 10.02.2021 (Annexure-P/7)

(2 of 6)

[CW-3771/2021]

passed by the learned Appellate Rent Tribunal, Pali

dismissing the appeal may kindly be declared illegal

and be quashed and set aside.

ii) by an appropriate writ, order or direction, the

Application (Annexure-P/3) filed by the petitioner

under Order 9 Rule 13 CPC read with Section 151 CPC

may kindly be allowed and the ex-parte judgment and

decree dated 07.09.2017 (Annexure-P/2) may kindly

be set aside.

iii) by an appropriate writ, order or direction the case

of the petitioner is writ large to remand back to the

matter to the learned Rent Tribunal with the direction

to decide afresh on merits in accordance with law

after giving opportunity to the petitioner to led

evidence and after considering the facts and material

available on record.”

2.

Learned counsel for the petitioner-tenant submits that the

respondent-landlord filed an application under Section 9 of the

Rent Control Act, 2001 for eviction and physical possession of the

premises in question.

3.

Learned counsel for the petitioner further submits that

learned Rent Tribunal, Pali has passed an order for initiating

proceedings on 17.08.2017, and since despite service and without

any reason, no one appeared on behalf of the petitioner-tenant, a

final decree was passed ex parte by the learned Rent Tribunal on

07.09.2017.

4.

Learned counsel for the petitioner also submits that

thereafter, the petitioner filed an application under Order 9 Rule

13 read with Section 151 CPC against the aforementioned ex

parte decree, but the said application was dismissed by the

learned Rent Tribunal vide order 05.02.2019. Learned counsel

further submits that the petitioner being aggrieved by the said

(3 of 6)

[CW-3771/2021]

order dated 05.02.2019 preferred an appeal bearing Appeal

No.01/2019 before the learned Appellate Rent Tribunal, Pali, but

the same was also dismissed vide order dated 10.02.2021.

5.

Learned counsel for the petitioner has drawn the attention of

this Court towards the sequence of events when the petitioner was

suffering from physical infirmity, and thus, could not appear before

the learned Rent Tribunal, despite service.

6.

Learned counsel for the petitioner also tried to impress upon

this Court court that the aforementioned ex parte decree granted

is unlawful, and thus, an opportunity of hearing ought to be given

to the petitioner to address the issue.

7.

Learned counsel for the respondent-landlord however,

submits that even after passing of the ex parte decree dated

07.09.2017, the application under Order 9 Rule 13 read with

Section 151 CPC preferred by the petitioner-tenant, has been

dismissed by the learned