DIWAKAR SHARMA Vs. RENT TRIBUNAL JAIPUR

JUDGEMENT

(1.) INSTANT petition has been filed by petitioner (landlord) assailing order dt. 17/02/2010 of the Rent Tribunal whereby application filed by him Under Section 21(3) of Rajasthan Rent Control Act, 2001 for taking documents on record was rejected.

(2.) APPLICATION was filed by respondent (tenant) Under Section 23 of the Act seeking restraint order against the landlord not to discontinue or withhold amenities enjoyed by tenant. After the notice was served, the petitioner (landlord) filed written statement and the matter has now been ripen for hearing. At this stage, petitioner has filed application Under Section 21 read with Order 8 Rule 1(3) CPC, for taking documents on record, which relates to suit for permanent injunction filed by respondent alongwith temporary injunction pending before Civil Judge (Jr.Dn.) Jaipur - copy of which has been filed herein as Annexure 4.

(3.) SUBMISSION made is without substance for the reason that at the time when notice was served of application Under Section 23 of the Act, petitioner being defendant in pending suit alleged having been filed by respondents for permanent injunction alongwith temporary injunction, despite it being within his knowledge, it was not brought to the notice before the rent Tribunal and only at the stage when matter has ripen, application Under Section 21(3) of the Act has been filed and was rejected by the Tribunal vide order impugned.