V. PRABHA Vs. NAVSRAJIT RENT TRIBUNAL

JUDGEMENT

(1.) APPELLANT -petitioner submits that in the pending proceedings before the Rent Tribunal initiated at her behest under Sec. 6 & 7 of the Rajasthan Rent Control Act 2001, after the written statement came on record, she moved two separate applications; (i) under Sec. 21(3) of Act 2001 seeking permission for cross -examination of the witnesses; and (ii) other application was filed for taking her rejoinder on record provided under Sec. 14(3) of Act, 2001. Both the applications were dismissed by the Tribunal by separate orders on 16.05.2012 and both the orders of self -same date came to be assailed by the appellant -petitioner by filing writ petition in this Court. As the order being of common date i.e. 16.05.2012, the ld. Single Judge examined the order dt. 16.05.2012, where the ld. Tribunal declined to grant permission under Sec. 14(3) for taking rejoinder on record and observed that if the application seeking condonation of delay in filing rejoinder is moved, the ld. Tribunal may consider the same for taking the rejoinder on recorded as provided under Sec. 14(3) of Act, 2001.

(2.) THE appellant -petitioner submits that as regards her another misc. application filed for cross -examining the witnesses, as provided under Sec. 21(3) of Act, 2001, dismissed by the ld. Tribunal vide order dt. 16.05.2012, there is no finding of the ld. Single Judge and it appears that the same was overlooked while examining her grievance regarding cross -examining the witnesses for which permission was declined by the Tribunal.

(3.) COUNSEL for respondent -2, on the other hand, submits that the ld. Single Judge has disposed of the writ petition filed by appellant vide order dt. 05.07.2012 and it can be bonafidely believed that other contentions may not find favour, as such, the same were not required to be adjudicated by the ld. Single Judge.