SAYAR CHAND Vs. VIMAL SONI

JUDGEMENT

(1.) BY the order dt. 17.07.2013, learned Presiding Officer, Rent Appellate Tribunal, Jodhpur Metro, Jodhpur dismissed the application preferred by the petitioner -tenant as per provisions of Section 19(9) of the Rajasthan Rent Control Act, 2001 (hereinafter referred to as the 'Act of 2001'). As per Section 21, the Appellate Rent Tribunal is having power to adopt a procedure for adjudication of application or the appeal. While relying upon the judgment of Hon'ble Supreme Court in the case of Union of India vs. Ibrahim Iddin & Anr., reported in : 2012 (2) WLC (SC) Civil 220, it is submitted by learned counsel for the petitioner that an application preferred as per provisions of Order 41 Rule 27 C.P.C. is required to be disposed of at the time of final hearing of the appeal and not prior to that. I have considered the argument advanced.

(2.) SECTION 21 of the Act of 2001 empowers the Tribunal to adopt a procedure that meets ends of justice and secures the doctrine of principles of natural justice, as such, the provisions of Code of Civil Procedure cannot be made strictly applicable to these proceedings. As per Sub -Section (9) of Section 19 of the Act of 2001, the Appellate Rent Tribunal if considers necessary in the interest of arriving at a just and proper decision, may allow filing of additional affidavit or documents at any stage of the proceedings in appeal. So far as the present case is concerned, the learned Appellate Rent Tribunal after examining the application arrived at the conclusion that at the time of filing written to the original application, the tenant was having knowledge about availability of alternative accommodation but no such defence was taken and at quite a belated stage, now application is filed only to delay the process. The Rent Appellate Tribunal further arrived at the conclusion that the question as to whether alternative accommodation satisfies requirements of landlord or not is a subjective satisfaction of the landlord and that is not required to be examined in the instant application.