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2006 DIGILAW 2448 (RAJ)

Jay Devi(Smt. ) v. Nathi Lal Srivastava

2006-08-10

K.S.RATHORE

body2006
JUDGMENT 1. - Both the parties are agreed that the matter may be heard finally at this stage and further both the parties submit that the present controversy is squarely covered by the judgment rendered by this Court in S.B. Civil Writ Petition No. 5217/2005 - Bihari Lal v. Nathi Lal Srivastava & Ors., decided on 23.2.2006. 2. Since the similar controversy is involved in the present case, therefore, the writ petition stands disposed of in the terms indicated by this Court in the aforementioned case of Bihari Lal (supra), as the main grievance of the petitioner is that notices were never served upon the petitioner and report given by the postman is not correct. Without challenging the impugned order on merit, he prayed that the postman should be produced as witness and the petitioner be given liberty to cross-examine the postman. 3. Thus, the Rent Tribunal, Dholpur is directed to record the statement of the postman and shall also provide opportunity of cross-examination to the petitioner. The Tribunal after recording the statement and cross-examination, shall pass fresh order in this regard. The impugned order dated 16.3.2005 is hereby quashed and set-aside. 4. The application under Article 226(3) of the Constitution of India, as the writ petition itself is finally decided today, stands allowed and the interim order dated 12.7.2005 granted by this Court stands vacated. 5. The Rent Tribunal, Dholpur is directed to decide the suit expeditiously, but in any case not beyond the period of three months.Writ Petition allowed. *******
Jay Devi(Smt. ) v. Nathi Lal Srivastava — 2006 DIGILAW 2448 (RAJ) | DigiLaw