NIDHI GROVER Vs. HARI RAM

JUDGEMENT

(1.) INSTANT petition is directed against order of the Rent Tribunal dt. 10.02.2012 (Annx. 9) rejecting application filed by the petitioner -tenant dt. 09.02.2012 pursuant to which objections were raised that the documents annexed by the non -petitioner -landlord along with rejoinder to reply cannot be taken on record since Sec. 15(4) of the Rent Control Act, 2001 only permits for filing of rejoinder and the documents upon which the landlord wants to place reliance are supposed to be submitted at the very inception of filing eviction application provided under Sec. 15(1) of the Act, 2001. However, the learned Tribunal observed that the matter is at initial stage and the issues are yet to be framed and that will not cause prejudice to the either party if the documents which the non -petitioner has annexed along with rejoinder are taken on record and while rejecting the application filed imposed cost of Rs. 500/ - under the order impugned dt. 10.02.2012. Counsel for petitioner submits that the documents could not have been taken on record which the non -petitioner annexed along with rejoinder and that is not in conformity of Section 15(3) of the Act, 2001 and further submits that if such documents are being taken on record at least the petitioner may also be granted right of rebuttal since the documents have come on record after the reply being filed by him and if opportunity of rebuttal is not being granted his right will be seriously prejudiced. He further submits that there was no justification for the Tribunal to reject the application with cost of Rs. 500/ -.

(2.) THE submission made does not hold good for the reason that Section 15(4) of the Act, 2001 provides & grants opportunity to the non -petitioner of filing rejoinder and there is no such bar that if the documents are annexed, it cannot be taken on record. However, this Court finds substance that if the documents are being taken on record filed by the non -petitioner along with its rejoinder certainly right of rebuttal has to be made available to the petitioner and that cannot be denied to him.