DEENDAYAL KHATRI Vs. RAJENDRA BHANDARI AND ANR.

JUDGEMENT

(1.) BY order dated 10.12.2009 the rent tribunal rejected the application submitted by the petitioner seeking permission to cross examine a witness. The rejection aforesaid was made on the count that the issue can very well be settled on basis of the affidavits and documents produced in evidence.

(2.) AS per counsel for the petitioner the court below erred while rejecting the application as the petitioner wanted to confront the landlord regarding certain amounts paid to him against the rent. It is asserted that in view of the Division Bench judgment of this Court in the case of Aasandas v. state of Rajasthan and Ors., 2005(1) DNJ (Raj.) 431, the refusal for cross examination may be in rare cases and wherever the question of facts requires determination, cross examination of deponent has to be permitted when demanded.

(3.) IN the instant matter the respondent preferred an application before the rent tribunal solely on the count of the default in payment of rent, while meeting with the allegation of default the petitioner submitted an affidavit contents of which are controverted by the respondent by submitting a counter affidavit. Certain documents are also placed on record for getting the issue relating to default in payment of rent settled.