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Bhanwarlal vs. Kalyanmal Daga

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Rajasthan Rent Control Act, 2001–Sec. 21(3)–Prayer for framing the issues for determination–Rejection with the view that the eviction is sought only one ground of son’s necessity–Justification–View of Tribunal that it is not bound by the provisions of CPC, is not correct as such inflexible approach cannot be applied without considering the factual situation of a particular case–Unless the averments in the petition or plaint are admitted by the defendant, the Tribunal or Court must settle the issues or to frame the points of the determination being guided, if not bound by the spirit of Order 16, Rule 1–Tribunal misdirected itself by observing that there is the only ground of eviction–Impugned order quashed and set aside and matter remanded back for considering afresh.