SBCWP No.511/2009 Ramashankar Vs. Rajendra Singh. -1- SBCWP No.511/2009 Ramashankar Vs. Rajendra Singh. DATE OF ORDER : - 28.1.2009 HON'BLE MR. PRAKASH TATIA, J. Dr. Sachin Acharaya, for the petitioner. <><><> Heard learned counsel for the petitioner. By impugned order, the first appellate court rejected the petitioner's application filed under Order 6 Rule 17 CPC as well as application filed under Order 41 Rule 27 CPC. According to learned counsel for the petitioner the rent was deposited in the name of Smt. Sanelata Bafana in the court under Section 19A of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950. Notices were issued to said Smt. Sanelata Bafana, who submitted her reply to the application and said that she is not landlord. However in the year 2004, the said Smt. Sanelata Bafana moved an application in the court in proceedings under Section 19A of the Act of 1950 and withdrawn the rent. That fact shows that Smt. Sanelata Bafana was the landlord and she SBCWP No.511/2009 Ramashankar Vs. Rajendra Singh. -2- admitted so by withdrawing the rent from the court. The petitioner sought permission to produce documents relating to the said proceedings. The trial court observed that Smt. Sanelata Bafana in resply to the application filed under Section 19A of the Act of 1950 said that she is not landlord. The trial court also observed that Smt. Sanelata Bafana is mother of the plaintiff. The trial court also observed that Smt. Sanelata Bafana has withdrawn the rent under Section 19A while stating that she is not landlord and mere withdrawing of rent amount from court by her cannot amount of her admission of her being landlord. I do not find any illegality in the impugned order. It will be worthwhile to mention here that only that part of the order has been challenged by the petitioner out of the order of remand dated 23rd Sept., 2008 and the order of the remand has not been challenged in this petition. Hence, the writ petition of the petitioner is hereby dismissed having no merit. (PRAKASH TATIA), J. c.p.goyal/-