NEELAM NAGPAL Vs. TOLARAM

JUDGEMENT

(1.) This writ petition has been filed on behalf of the petitioner being aggrieved with the judgment dtd. 24/3/2021 passed by the Appellate Rent Tribunal, Bikaner (hereinafter to be referred as 'the appellate rent tribunal') in Appeal No.207/2015 (CIS No.230/2015), whereby it has allowed the appeal filed on behalf of the respondent while setting aside the judgment and decree dtd. 24/4/2015 passed by the Rent Tribunal, Bikaner (hereinafter to be referred as 'the rent tribunal') in Civil Original Case No.42/2013, whereby the rent tribunal has dismissed the application filed by the respondent under Sec. 18 of the Rajasthan Rent Control Act, 2001 (hereinafter to be referred as 'the Act of 2001').

(2.) Brief facts of the case are that the respondent filed an application against the petitioner under Sec. 18 of the Act of 2001 before the rent tribunal with a prayer to restrain the petitioner from dispossessing him from the property in question without following due process of law. Pursuant to the summons issued by the rent tribunal, the petitioner appeared before it and filed reply to the above application of the respondent. Thereafter, the respondent and his other witnesses filed affidavits in evidence and the matter was fixed for their cross-examination.

(3.) From the perusal of the order-sheets of the rent tribunal, it appears that when the respondent and his other witnesses failed to appear before the rent tribunal for the purpose of cross-examination, then vide order dtd. 5/1/2015 the rent tribunal ultimately closed their opportunity of adducing the evidence and proceeded further in the matter. At this stage, the petitioner stated before the rent tribunal that she is also not going to adduce any evidence in support of her reply to the application of the respondent. Ultimately, the rent tribunal vide judgment dtd. 24/4/2015 dismissed the application filed by the respondent.