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2008 DIGILAW 729 (RAJ)

Keshar Singh v. Abdul Khalid

2008-03-10

GOPAL KRISHAN VYAS

body2008
JUDGMENT 1. - Heard learned counsel for the parties. 2. In this case, the petitioners have filed application under Section 151 C.P.C before Rent Tribunal, Jodhpur. The said application was dismissed by Tribunal vide impugned order dated 22.11.2007 while observing that the arguments and facts of the case are not applicable to the judgments cited by learned counsel for the petitioners or by learned counsel for the respondents and only in two lines, he has rejected the application, which reads as under:- " vr% vizkFkhx.k dk mijksDr izkFkZuki= vLohdkj dj [kkfjt fd;k tkrk gSA vkbZUnk vizkFkhZx.k vuko';d nsjh ugha djs vkSj gkftj vk;s xokg ls vko';d :i ls izfr ijh{k.k djsA " 3. It is strange that a detailed application was filed by the petitioners before the Rent Tribunal, Jodhpur but none of the facts were considered in right perspective and only in four lines, the matter has been decided while observing all the grounds and facts in four pages. Meaning thereby, the said adjudication cannot be defined as adjudication upon the facts and law. Therefore, in the interest of justice while setting aside the order dated 22.11.2007 the case is remitted to the learned Rent Tribunal, Jodhpur with the direction that it shall decide the application by speaking order while considering all the arguments and judgments cited by both the parties and pass an appropriate order on the next date of hearing which is 24.03.2008. Both the parties are directed to appear before the concerned Rent Tribunal and advance their arguments on the date fixed.With the above direction, the writ petition is disposed of.Petition disposed of. *******