CW 7873/09 (1) In the High Court of Judicature for Rajasthan Jaipur Bench, Jaipur O R D E R S.B. Civil Writ Petition No.7873/09 Vipul Motors (P) Ltd Vs. Rent Control Tribunal, Jaipur & Anr. Date Of Order :: 06/07/2010 Hon'ble Mr. Justice Ajay Rastogi Mr. B.D. Agrawal, for petitioner. Instant petition has been filed by the petitioner-tenant assailing the order dt.28.1.09 (Annx.5) whereby the application filed u/s.151 CPC raising objection that lease deed (Ex.1) being unregistered and insufficiently stamped could not be taken in evidence, was dismissed. The learned Tribunal under its order impugned repelled contention of the petitioner on the premise that what was supposed to be examined by the Tribunal is in regard of relationship of landlord and tenant and at the same time on objection being raised by the petitioner that lease deed marked as Ex.1 was insufficiently stamped and unregistered document is inadmissible in evidence and issue no.3 has been framed in this regard and has to be considered by the learned Tribunal at the stage of adjudication of the matter. Counsel submits that document lease deed Ex.1 was the bone of contention and it was expected from the Tribunal to consider Ex.1 as a preliminary issue since the sole foundation of the application filed by non- CW 7873/09 (2) petitioner u/s. 18 of the Act,2001 was the lease deed Ex.1 and in such circumstances, the Tribunal has committed apparent error in rejecting the application filed by the petitioner. The submission made is without substance for the reason that on the objection being raised by the petitioner, a specific issue no.3 has been framed for examining the validity of the lease deed agreement Ex.1 and its effect which may be considered and decided by the Tribunal after due adjudication of the matter and opportunity is available to the petitioner to lead evidence in regard to issue no.3 and the issue will certainly be considered by the Tribunal at the appropriate stage. This Court after going through the material on record does not find any manifest error being committed by the Tribunal while passing the order impugned dt.28.1.09 which may call for interference. Taking note thereof, this Court is not inclined to interfere. Consequently, the writ petition is hereby dismissed. (Ajay Rastogi),J. VS Shekhawat/-p.2 7873cw09Jul06FnlDsms.doc