1 S. B. CIVIL WRIT PETITION NO.3329/2007 KISHAN SINGH @ JAI KISHAN BHATI V. KANAD SINGH & OTHERS. DATE OF ORDER ::: 01-05-2008 HON'BLE MR. JUSTICE MUNISHWAR NATH BHANDARI Mr. Om Mehta, for Petitioner (s). Mr. Ashok Patel, for Respondents. This writ petition is directed against the order dated 24th March, 2007 (Annexure-6), whereby and whereunder, the application moved by the non-petitioner under Section 13 (5) of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950 was allowed. The facts relevant to the case are that provisional rent was determined under Section 7 (1) of the aforesaid Act. However, the suit, having been filed on the ground of personal bona fide necessity and for fixation of standard rent, thus, no order under Section 13 (3) of the Act was passed. Taking note of this aspect, this Court passed a detailed order on 26th July, 2007 and therein, the further proceeding of the matter was also stayed. Learned counsel appearing for the respondents though argued the matter, but could not seriously dispute 2 the legal position, inasmuch as, without there being any order under Section 13 (3) of the Act, the order under Section 13 (5) of the Act striking out the defence of the petitioner cannot be passed. In view of the above, the impugned order dated 24.03.2007 is set aside. The Court below is accordingly directed to proceed with the matter in accordance with law, without taking note of the order set aside, i.e., the order dated 24.03.2007. It goes without saying that whatever rights accrue to the parties as a consequence of setting aside the order dated 24.03.2007, same will follow as per law. The writ petition is accordingly allowed. (M. N. BHANDARI), J. scd