CW 5478/10 (1) In the High Court of Judicature for Rajasthan Jaipur Bench, Jaipur O R D E R S.B. Civil Writ Petition No.5478/2010 Ajay Kumar Sharma Vs. Kshitij & Ors. Date Of Order :: 07/05/2010 Hon'ble Mr. Justice Ajay Rastogi Mr. Vedpal Shastri, for petitioner. Instant petition has been filed by the petitioner-defendant assailing the order of the Tribunal dt.2.4.2010, whereby application filed by the petitioner under Order 14 Rule 5 CPC read with section 21 of the Rent Control Act, 2001 was rejected by the Tribunal under order impugned. Counsel submits that there was a dispute in respect to the rent of the disputed property and there is no such issue framed by the Tribunal, as such even at the time of final determination of the dispute, in the absence of any issue being framed in regard to determination of rent, prejudice may be caused to the petitioner. Respondent-plaintiff filed a suit for eviction before the Tribunal u/s.9 of the Act on the ground of personal and bonafide necessity, nuisance and subletting, which is also evident from para 8 of the application which has been placed on record as Annexure-1 in the present petition. The learned Tribunal CW 5478/10 (2) after taking note of the objection raised, considered that taking note of the subject matter of the eviction application filed by the respondent-plaintiff, what has been urged by the defendant, petitioner herein, no further issue is required to be framed in this regard and can certainly be taken note of in the existing issues framed in regard of the subject mater of the dispute, which has arisen between the parties in the eviction suit filed by plaintiff, respondent herein. I have gone through the order impugned dt.2.4.2010 and find no infirmity in the finding/observation which has been recorded by the Tribunal which may call for interference. Consequently, the petition fails and is hereby dismissed. (Ajay Rastogi),J. VS Shekhawat/- 5478cw10May7Fnl.doc