MUSTAQ AHMED Vs. LIYAKAT ALI

JUDGEMENT

(1.) Heard learned counsel for the petitioners. eard learned counsel for the petitioners.

(2.) The petitioners/tenants are aggrieved against the order dated 8.2.2010 by which the Rent Tribunal, Bhilwara permitted the respondents/landlords to file affidavits in the proceedings for eviction of the tenants.

(3.) According to learned counsel for the petitioners, as per the procedure prescribed under the Rajasthan Rent Control Act, 2001 (for short the Act of 2001'), by Section 15, it is clear that the landlord is required to file all the affidavits and documents along with the eviction petition itself and thereafter, he cannot file any affidavit or document. It is also submitted that in the present case, along with the petitioner, the landlords filed two affidavits which are of formal nature and then the petitioners filed reply to the eviction petition. The landlords then filed rejoinder and along with the rejoinder, he filed again a formal affidavit only. At this stage also, the landlords did not chose to file affidavits of the witnesses. The petitioners thereafter sought permission of the Tribunal to cross examine the witnesses of the plaintiffs which too was granted by the Tribunal. Thereafter, the applicants/landlords filed an application for taking on record some more affidavits of his witnesses. That application was allowed by the impugned order dated 8.2.2010 on payment of costs of Rs. 1,500/- and the case was fixed for cross examination of the witnesses of the applicants.