NARESH KUMAR Vs. STATE

JUDGEMENT

(1.) Instant petition has been filed by defendant (tenant) assailing order dt. 23/02/2010 (Ann.6) passed by Rent Tribunal, Kota whereby objection was rejected on the premise that rejoinder alongwith affidavit having been filed by plaintiff is necessary for proper adjudication of dispute being raised.

(2.) From material on record, respondent plaintiff filed application seeking eviction of suit premises for his personal bonafide necessity before the Rent Tribunal; and after written statement being filed by petitioner, respondent further filed rejoinder alongwith affidavit enclosed therewith, at this stage, petitioner raised objection that by filing affidavit annexed to the rejoinder if taken on record, respondent by this indirect method wants to improve his case, which may cause prejudice to him.

(3.) Taking note of objection raised by petitioner, the learned Tribunal observed that what has been contended by respondent-plaintiff in his rejoinder alongwith affidavit is certainly relevant for adjudication of dispute raised; and accordingly, objection raised by petitioner was over-ruled vide order impugned.