JAMIL AHMED Vs. SHRI VAIBHAV SINGH

JUDGEMENT

(1.) THIS writ petition has been preferred by the petitioner against the order dt. 12.07.2013 whereby the Additional Chief Judicial Magistrate (Rent Tribunal), Jodhpur Metropolitan (hereinafter referred to as 'the learned Tribunal') in Case No. 138/2013, has rejected the application preferred by the petitioner for allowing him to cross -examine the respondent on the affidavit filed by him in the proceedings initiated at his instance under Sec. 24 of the Rajasthan Rent Control Act, 2001 (hereinafter referred to as 'the Act of 2001'). The brief facts of the case are that the respondent has filed an application under Sec. 24 of the Act of 2001 before the learned Tribunal with a prayer that he should be allowed to replace the old tiles with new tiles on the floor of the shop No. 4 situated at ITI Circle, Shopping Center, Industrial Area, Saras Dairy Road, Jodhpur, in which, he is the tenant. In support of the application under Sec. 24 of the Act of 2001, the respondent has filed his affidavit before the learned Tribunal.

(2.) THE petitioner -landlord moved an application under Sec. 21 of the Act of 2001 with a prayer to allow him to cross -examine the respondent on certain points.

(3.) THE learned counsel for the petitioner has argued that in the affidavit of the respondent, filed in support of application under Sec. 24 of the Act of 2001, he has mentioned certain facts, on which, he is required to be cross -examined by the petitioner, but the learned Tribunal, without appreciating the said aspect of the matter, has dismissed the application in a mechanical manner. It is further contended by the learned counsel for the petitioner that where oath against oath comes before the Court in the form of affidavits, denial of opportunity to cross -examine the deponent -witnesses on their affidavits occasions failure of justice.