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2011 DIGILAW 437 (RAJ)

Ram Niwas Saini v. The Rent Tribunal

2011-02-25

M.N.BHANDARI

body2011
JUDGMENT 1. - By this writ petition, a challenge has been made to the order dated 28.1.2011 whereby application moved by respondent-plaintiff for withdrawal of the suit was allowed with liberty to file a fresh. 2. Learned counsel for petitioner submits that liberty to file a fresh suit should not have been given by the court below. This was precisely for the reason that application before Rent Tribunal was moved under the provisions of section 18 of the Rajasthan Rent Control Act, 2001 (for short 'the Act of 2001) and petitioner herein raised an objection regarding maintainability of application. The respondent thereupon filed rejoinder maintaining his claim under Section 18 of the Act of 2001. 3. The respondent even made an application under Order 6, Rule 17 of the Civil Procedure Code (for short 'the CPC') for amendment in the application, however, it was dismissed. Petitioner herein at the same time made an application for framing of the issues regarding maintainability of the suit in reference to the provisions of section 18 of the Act of 2001. The court below dismissed the said application. The order was then challenged in the High Court by maintaining a writ petition. The writ petition was allowed in view of the consent of the parties for framing of the issues. In view of aforesaid, permission to withdraw the suit with liberty to file a fresh without assigning reason is not proper. 4. Reference of judgments in the case of Rev. Y. Jagan Nath v. the Amritsar Diocesan Trust Association, Amritsar & Ors., reported 2000 (2) CCC 674 (P&H) , and in the case of Bakhtawar Singh & Anr. v. Sada Kaur & Anr., reported in AIR 1996 SC 3488 , has been given. 5. I have considered submissions of learned counsel and perused the record carefully. 6. Before dealing with the argument, it is necessary to quote section 21 of the Act of 2001 "21. Procedure and powers of the Rent Tribunal and the Appellate Rent Tribunal. - (1) In every case before the Rent Tribunal and the Appellate Rent Tribunal the evidence of a witness shall be given by affidavit. 6. Before dealing with the argument, it is necessary to quote section 21 of the Act of 2001 "21. Procedure and powers of the Rent Tribunal and the Appellate Rent Tribunal. - (1) In every case before the Rent Tribunal and the Appellate Rent Tribunal the evidence of a witness shall be given by affidavit. However, the Rent Tribunal or The Appellate Rent Tribunal, where it appears to it that it is necessary In the Interest of justice to call a witness for examination or cross-examination and such witness can be produced, may order attendance for examination or cross-examination of such a witness. (2) The documents filed before the Rent Tribunal by the petitioner shall be distinctly marked by him as Ex-1, Ex-2 and so In the red Ink and the documents filed by the respondent shall be similarly distinctly marked by him as Ex A1, Ex-A 2 and son on In red Ink and In the affidavits the documents shall be preferred by these exhibit marks and signatures or other parts of the documents referred to In the affidavits shall be distinctly marked by the party filing the document as A to B or C to D and so In red ink. (3) The Rent Tribunal and the Appellate Rent Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 (Central Act No. 5 of 1908), but shall be guided by the principal of natural justice and subject to other provisions of this Act or the Rules made thereunder and shall have powers to regulate their own procedure, and for the purpose of discharging their-functions under the Act they shall have, the same powers as are vested In a civil court under the Code of Civil Procedure, 1908 (Central Act No. 5 of 1908) while trying a suit or an appeal in respect of following matters, namely (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of documents; ? (c) reviewing its decision; (d) issuing commissions for the examination of witnesses or documents; (e) dismissing petition for default or deciding it ex-parte; (f) setting aside any order of dismissal of any petition for default or any order passed by it ex-pane; (g) bringing legal representatives on record; and (h) any other, matter as may be prescribed. (c) reviewing its decision; (d) issuing commissions for the examination of witnesses or documents; (e) dismissing petition for default or deciding it ex-parte; (f) setting aside any order of dismissal of any petition for default or any order passed by it ex-pane; (g) bringing legal representatives on record; and (h) any other, matter as may be prescribed. (4) Rent Tribunal shall not grant any adjournment without written application and recording the reasons therefore in writing. (5) Any proceeding before the Rent Tribunal or Appellate Rent Tribunal shall deemed be to be a judicial, proceeding within the meaning of sections 193 and 228 and for the purpose of section 196 of the Indian Penal Code, 1860 (Central Act No. 45 of 1860) and the Rent Tribunal or the Appellate Rent Tribunal shall be deemed to be a civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (Central Act No. 2 of 1974)." 7. Perusal of sub-section (3) shows that Rent Tribunal and Appellate Rent Tribunal would not be bound by the procedure laid down by the CPC other than provided therein. If would be guided by the principles of natural justice and the provisions of the Act and Rules apart from having power to regulate its own procedure. At times, it is seen that while making an application and arguing the matter, reference of various provisions of the CPC are made before the Rent Tribunal other than specifically applied under sub-section (3) itself. The Tribunals are under an obligation to take note of the provisions of section 21(3) of the Act of 2001 and should not casually decide the matter by applying the provisions of the CPC, which are not otherwise applicable. The provisions of the CPC are applicable only to the extent indicated under sub-section (3) of section 21 of the Act of 2001. In fact, by applying all the provisions of CPC, they are acting contrary to the provisions of section 21(3) of the Act of 2001. Such jurisdiction does not lie with the Rent Tribunal. The Tribunal is under an obligation to adjudicate the matter within framework of the Act of 2001. All the Rent Tribunals are thus directed to remain cautious about the aforesaid fact, otherwise the very purpose of enactment of the Act of 2001 providing summary procedure would frustrate. 8. Such jurisdiction does not lie with the Rent Tribunal. The Tribunal is under an obligation to adjudicate the matter within framework of the Act of 2001. All the Rent Tribunals are thus directed to remain cautious about the aforesaid fact, otherwise the very purpose of enactment of the Act of 2001 providing summary procedure would frustrate. 8. In the present matter also, taking note of the provisions of the Order 23 Rule (sic) 1(3) of the CPC, order has been passed whereas Tribunal is not bound to follow the aforesaid provisions but to regulate its own procedure keeping in mind the principles of natural justice and the provisions of the Act and the Rules. The principles of natural justice emphasizes proper opportunity of hearing to the parties and taking note of the aforesaid, I do not find any error in the impugned order if withdrawal of the suit is permitted with liberty to file a fresh. Justice should not be frustrated on hyper-technical grounds, hence, I do not find any reason to interfere with the impugned order. The writ petition being devoid of merit is accordingly dismissed. 9. In view of dismissal of the writ petition, stay application also stands disposed of.Writ Petition Disposed of As Above. *******