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Judgment
By the instant writ petition under Article 226 & 227 of the Constitution of India, petitioner-landlord has challenged judgment dated 30.10.2018 passed by Appellate Rent Tribunal, Sriganganagar (for short, 'Appellate Tribunal') whereby, learned Appellate Tribunal, upon consideration of application under Order 1 Rule 10 CPC by one Mahaveer, son of one of the co-landlord Anantram, allowed the appeal and remanded the matter back to learned Tribunal for its decision afresh. Learned Appellate Tribunal also allowed application of the respondent-tenant under Section 19(9) of the Rajasthan Rent Control Act, 2001.
The grievance of the petitioner is that the original petition for eviction was laid in the year 2006 and the same was allowed after eight years on 04.02.2015 by the Rent Tribunal, Sriganganagar (for short, 'Tribunal') and yet learned Appellate Tribunal has remanded matter back. It is also submitted that the learned Appellate Tribunal has not recorded cogent reasons for remanding the matter back to learned Tribunal.
I have bestowed my consideration to the arguments advanced at Bar and perused the materials available on record including judgment of the Appellate Tribunal (Annex.9).
Upon perusal of the impugned judgment, in my view, learned Appellate Tribunal has exercised its discretion judiciously and the same cannot be made subject-matter of judicial review in exercise of supervisory jurisdiction of this Court enshrined under Article 227 of the Constitution of India. However, the grievance of petitioner-landlord that originally petition was filed in the year 2006 and since then more than thirteen years have passed merits consideration in the backdrop of facts and circumstances of the case.
In view thereof, without interfering with the impugned judgment of Appellate Tribunal, the learned Rent Tribunal is requested to proceed with the trial of the application for eviction expeditiously after remand and decide it at the earliest preferably by the end of this year.
The writ petition is, accordingly, dismissed with the observations made supra.
The stay petition is also rejected.