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2023 Supreme(Raj) 495

GANESH RAM MEENA
Central Academy Education Society (Raj) – Appellant
Versus
Rajendra Mehta S/o Late Shri Kanheya Lal Mehta (Mootha) – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. K.N. Sharma, Mr. Yashpal Garg
For the Respondent: Mr. Jai Prakash Gupta, Mr. Ravi Singh

ORDER :

1. The instant writ petition has been filed by the petitioner/ non-applicant (for short ‘the petitioner’) challenging the order dated 06.03.2021 passed by the Rent Tribunal, Beawar, District Ajmer (for short ‘the court below’) in Original Application No.34/2019, whereby the application filed by the petitioner under Sections 10 & 151 CPC was dismissed.

2. Learned counsel appearing for the petitioner submitted that the petitioner filed a suit No.66/2013 for specific performance of agreement/ contract and permanent injunction relating to immovable property, which was earlier on rent. The respondent/non-applicant (for short ‘the respondent’) filed a counter claim. He further submitted that after filing the counter claim, the respondent filed Original Application under the provisions of the Rajasthan Rent Control Act, 2001 (for short ‘the Act of 2001’) before the court below with respect to the same property for which the petitioner has filed the suit for specific performance. He also submitted that on receiving the notice of the rent application filed by the petitioner, the petitioner filed an application under Sections 10 and 151 CPC specifically stating that the relief sought f

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