ASHWANI CHOTIYA Vs. SANDEEP KUMAR DEWANGAN

JUDGEMENT

(1.) The instant petition is against the order dtd. 4/8/2022 passed by the Rent Control Tribunal whereby the order dtd. 30/1/2021 passed by the learned Rent Control Authority whereby an order of eviction was passed, was affirmed.

(2.) Learned counsel for the petitioner would submit that the proper opportunity of hearing was not given to the petitioner and the right to cross-examination of the witnesses, which were produced by the tenant/petitioner was closed. He would further submit that because of the Covid-19 pandemic, the witnesses or the counsel did not appear. Consequently, the Court should have given the proper and fair opportunity of hearing and the rules of natural justice should have been followed. Consequently for this illegality the order of the Rent Control Authority is required to be set aside. He would further submit that the Tribunal too failed to take into account that the Rent Control Authority has failed to give proper opportunity of hearing to the petitioner, thereby the wrong finding of dismissal is recorded.

(3.) Learned counsel for the respondent would submit that the proper opportunity of hearing was given to the petitioner/tenant, but despite that he failed to avail opportunity and deliberately avoided to keep his witnesses present. He would submit that the events would be evident from order-sheets that the proper opportunity was given to the tenant many a times but because of fault of tenant he himself had invited the situation. It is stated this petition before this Court is misconceived and wrong facts have been stated, therefore, the same is required to be dismissed.