Nawal Kishore Soni @ Navratan Soni vs Sunita Devi Kochar

This writ petition is directed against order dated 10.7.19 passed by the Rent Tribunal, Bikaner, whereby an application preferred by the respondent-landlord seeking correction in the name of the petitioner-tenant, has been allowed.

The respondent-landlord filed a petition seeking eviction of the petitioner-tenant from residential premises on the grounds of reasonable and bonafide requirement and the premises being in dilapidated condition. In the petition filed, the petitioner-tenant was named as 'Nawal Kishore Soni'.

The petition is being contested by the petitioner-tenant by filing a reply thereto, which is signed by him as 'Navratan Soni'. As a matter of fact, the petitioner claimed that his recorded name is 'Navratan Soni' and not 'Nawal Kishore Soni'.

The respondent-landlord filed an application seeking substitution of the name of the petitioner-tenant in the petition filed as 'Navratan Soni' in place of 'Nawal Kishore Soni'. In reply to the application, the petitioner-tenant while admitting his name to be 'Navratan Soni', contended that the application preferred at the stage of the final hearing deserves to be dismissed.

The application has been allowed by the Rent Tribunal by the order impugned. Hence, this petition.

Learned counsel appearing for the petitioner contended that the Rent Tribunal has committed serious error in allowing the application seeking amendment at the stage of final hearing. Learned counsel submitted that the petitioner had signed reply to the petition as 'Navratan Soni'. The respondent-landlord was knowing fully well that the name of the petitioner is 'Navratan Soni' and not 'Nawal Kishore Soni' and thus, nothing prevented him to make an application for correction of the name, if required with utmost expedition.

I have considered the submissions of the learned counsel and perused the material on record.

Indisputably, the premises in question was purchased by Shri Ramdas, the father of the respondent-landlord from the original owner Meghraj s/o Ratanlal Sethia by way of a sale deed dated 31.12.10 wherein the name of the tenant in occupation of the premises was mentioned as 'Nawal Kishore' and accordingly, while filing the petition, the petitioner-tenant was impleaded as party respondent with the name 'Nawal Kishore'. Since, the petitioner had taken the stand before the Rent Tribunal that his recorded name is 'Navratan Soni', the application was preferred by the respondent-landlord seeking correction as aforesaid. The identity of the tenant is not in dispute and thus, no prejudice is caused to the petitioner on account of the substitution being permitted as prayed for.

In the considered opinion of this court, the order impugned passed by the Rent Tribunal directing substitution of the name of the petitioner in the rent petition, taking into consideration the categorical stand taken by him regarding his recorded name, does not suffer from any jurisdictional error so as to warrant interference by this court in exercise of its supervisory jurisdiction under Article 227 of the Constitution of India.

In the result, the petition fails, it is hereby dismissed in limine.