ARUNA Vs. MEENA CHARAN

JUDGEMENT

(1.) BY way of this writ petition, the petitioner- tenant seeks to question the order dated 05.07.2010 (Annex.7) passed by the Rent Tribunal, Jodhpur in Original Petition No. 237/2009 insofar the Tribunal has declined her prayer for summoning of certain documents from the plaintiff-landlady and for summoning of certain persons, said to be relevant for determination of the questions involved in the matter.

(2.) SHORN of unnecessary details, the relevant facts and background aspects of the matter are that the respondent No.1 herein has filed a petition against the petitioner-tenant seeking eviction per cls. (a) and (i) of Sec.9 of the Rajasthan Rent Control Act, 2001 ('the Act of 2001') on the grounds of default in payment of rent by the tenant and reasonable and bona fide requirement of the landlady. The petitioner has filed a reply refuting the allegations and contesting the grounds of eviction. The landlady has also filed a rejoinder.

(3.) IN relation to the prayer as made in the application Annexure-5 for summoning of the witnesses, the Tribunal observed that the landlady and her husband have not filed any affidavit in evidence and there was no justification to summon them. The Tribunal further observed that the ground of reasonable and bona fide requirement was to be established by the landlady and if she has not filed her affidavit, the effect thereof would only be considered at the time of final decision of the petition.