CWP-6363/2009 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. SB CIVIL WRIT PETITION NO.6363/2009 Kishanlal & anr. Vs Appellate Rent Tribunal, Kota & ors. DATE OF ORDER : 10/05/2010 HON'BLE MR. JUSTICE AJAY RASTOGI *** Mr. Sailesh Prakash Sharma, for petitioners. Mr. RP Vijay ] Mr. NU Qazi ], for respondents. Instant petition has been filed by the petitioners assailing the order Anx. 3 dt. 22/08/2008 passed by the learned Rent Tribunal, Kota in Rent Case No. 482/2004 whereby the application filed by the petitioners under Order 1 Rule 10 CPC was rejected and the appeal filed by the petitioner before Appellate Rent Tribunal was dismissed holding that it was not maintainable under Section 19(6) of the Rajasthan Rent Control Act, 2001. Application for eviction was filed by the respondent No.3 against respondents No. 4 to 7 which was registered as Rent Case No. 482/2004 impleading the brother of the petitioner namely; Nand Lal as defendant-tenant. It has come on record that Ghasilal was the original tenant and the present petitioner Kishan Lal and Nand Lal are real brothers and legal heirs of deceased Ghasilal but while filing application only Nand Lal was impleaded as defendant-tenant in the year 2004. It appears CWP-6363/2009 2 that there is a dispute pending between the petitioners and the legal heirs of their brother Nand Lal (since deceased). In these circumstances, the petitioners filed application under Order 1 Rule 10 CPC seeking permission for his impleadment in the pending Rent Case No. 482/2004 which was rejected by the learned Rent Tribunal on 22/08/2008 and the appeal preferred by the petitioners under under Section 19 was dismissed by the learned Appellate Rent Tribunal vide order dt. 20/04/2009 on the ground that it was not maintainable. Counsel for the respondents, after making submissions for some time and after seeking instructions from his client, submit that the petitioner may be impleaded as defendant in the Rent Case No. 482/2004 but the impleadment at this stage may not delay the proceedings and that may be taken note of by this Court since the matter is pending since 2004 and could not be decided because of inter-se dispute between the legal heirs of Nand Lal and present petitioner. Taking note thereof, the order Anx. 3 dt. 22/08/2008 passed by the learned Rent Tribunal, Kota in Rent Case No. 482/2004 as well as the order Anx. 3 dt. 20/04/2009 (Anx.5) passed by the learned Appellate Rent Tribunal are hereby CWP-6363/2009 3 set aside and the petitioner is impleaded as one of the defendants in the pending Rent Case No. 482/2004 before the learned Rent Tribunal, Kota (Rajasthan) who may file written statement within one month alongwith documents and affidavits in support of his defence. The Tribunal may grant liberty to the respondent- landlord to cross examine the witnesses, if so desire within one month thereafter and the Eviction Case No. 482/2004 may be decided in accordance with law as expeditiously as possible but not later than six months. With these observations/directions, the writ petition stands disposed of. [AJAY RASTOGI], J. Raghu/p.3/ 6363-CW-2009-final.doc