Naresh Kumar Vs. State and ors.

Naresh Kumar vs State and ors.

Type Court Judgment Court Rajasthan Decided Apr 09, 2010

~2 min read

https://sooperkanoon.com/case/850800

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/850800
Court: Rajasthan High Court
Judge: Ajay Rastogi, J.
Decided On: Apr 09, 2010
Subject: Tenancy

Case Summary

AI-generated summary - not the official court judgment text.

Key legal issue: Tenancy

Parties & Advocates

Appellant / Petitioner

Naresh Kumar

Respondent

State and ors.

Legal References

Reported In: RLW2010(2)Raj1656

Excerpt

- .....being filed by petitioner, respondent further filed rejoinder alongwith affidavit enclosed therewith, at this stage, petitioner raised objection that by filing affidavit annexed to the rejoinder if taken on record, respondent by this indirect method wants to improve his case, which may cause prejudice to him.3. taking note of objection raised by petitioner, the learned tribunal observed that what has been contended by respondent-plaintiff in his rejoinder alongwith affidavit is certainly relevant for adjudication of dispute raised; and accordingly, objection raised by petitioner was over-ruled vide order impugned.4. that apart, under section 15(4) of rajasthan rent control act, 2001, plaintiff is always at liberty to file rejoinder only after serving copy to the opposite party within period prescribed therein. it is not the case of petitioner that counter/rejoinder has not been submitted by respondent plaintiff within period stipulated under section 15(4) of act, 2001. as regards affidavit, learned tribunal observed that it has a bearing on the issue having come for proper adjudication but at the same time, this court finds substance that petitioner should also be afford opportunity to counter thereto if so advised. however, this court is not inclined to entertain the petition.5. consequently, writ petition is disposed of with the liberty to the petitioner to file counter to rejoinder & affidavit annexed thereto filed by plaintiff, if so advised within four weeks from today and if such a counter is filed by the petitioner, it may be taken on record and the tribunal may proceed further in accordance with law.

Full Judgment

Ajay Rastogi, J.

1. Instant petition has been filed by defendant (tenant) assailing order dt. 23/02/2010 (Ann.6) passed by Rent Tribunal, Kota whereby objection was rejected on the premise that rejoinder alongwith affidavit having been filed by plaintiff is necessary for proper adjudication of dispute being raised.

2. From material on record, respondent plaintiff filed application seeking eviction of suit premises for his personal bonafide necessity before the Rent Tribunal; and after written statement being filed by petitioner, respondent further filed rejoinder alongwith affidavit enclosed therewith, at this stage, petitioner raised objection that by filing affidavit annexed to the rejoinder if taken on record, respondent by this indirect method wants to improve his case, which may cause prejudice to him.

3. Taking note of objection raised by petitioner, the learned Tribunal observed that what has been contended by respondent-plaintiff in his rejoinder alongwith affidavit is certainly relevant for adjudication of dispute raised; and accordingly, objection raised by petitioner was over-ruled vide order impugned.

4. That apart, Under Section 15(4) of Rajasthan Rent Control Act, 2001, plaintiff is always at liberty to file rejoinder only after serving copy to the opposite party within period prescribed therein. It is not the case of petitioner that counter/rejoinder has not been submitted by respondent plaintiff within period stipulated Under Section 15(4) of Act, 2001. As regards affidavit, learned Tribunal observed that it has a bearing on the issue having come for proper adjudication but at the same time, this Court finds substance that petitioner should also be afford opportunity to counter thereto if so advised. However, this Court is not inclined to entertain the petition.

5. Consequently, writ petition is disposed of with the liberty to the petitioner to file counter to rejoinder & affidavit annexed thereto filed by plaintiff, if so advised within four weeks from today and if such a counter is filed by the petitioner, it may be taken on record and the Tribunal may proceed further in accordance with law.

Same Court & Year Rajasthan · 2010 Same Parties Naresh Kumar vs State and ors. Same Subject Tenancy Same Judge Ajay Rastogi, J.

Tenancy