UTTAM PRAKASH SONI Vs. CHHOTU SINGH

JUDGEMENT

(1.) THIS writ petition has been preferred by the petitioner against the order dt. 29.07.2013 passed by the Rent Tribunal, Jodhpur (for short 'the Rent Tribunal' hereinafter) in application No. 212/2012, whereby the learned Rent Tribunal has disposed of the application preferred by the respondent under Sec. 21 of the Rajasthan Rent Tribunal Act, 2001 (for short 'the Act of 2001' hereinafter) read with Order 13 Rule 3 of the Code of Civil Procedure and Section 63 of the Indian Evidence Act. The learned Rent Tribunal vide impugned order has allowed the production of certain documents, which are duly compared with the originals and disallowed the production of certain documents in the absence of their comparison with the originals and observed that the documents, which are not compared with the originals, can only be admitted into evidence, if the originals of the same are produced before the Court at the time of evidence. The learned Rent Tribunal has also observed that so far newspaper cutting is concerned, it can be looked into at the time of final decision as to whether the whole newspaper is required to be taken into consideration or any importance can be given to the newspaper cutting.

(2.) THE learned counsel for the petitioner has assailed the impugned order dt. 29.10.2013 only on the ground that in the absence of whole newspaper, the cutting of the newspaper cannot be taken into consideration at the time of final decision because, if any objection is raised by the petitioner regarding the admissibility of a document, it has to be decided immediately, and the decision cannot be postponed until final arguments.

(3.) HEARD learned counsel for the petitioner and perused the impugned order as well as the other documents produced by the petitioner along with the writ petition.