RAJASTHAN PATWAR SANGH Vs. JORA DEVI BHOSA

JUDGEMENT

(1.) THIS petition has been filed challenging the order dated 10.12.2010, passed by the newly constituted Rent Tribunal, Jaipur City, Jaipur (hereinafter 'the Rent Tribunal') refusing to recall its order dated 11.11.2010 whereby the right of the petitioners-defendants (hereinafter 'the defendants') to lead their evidence in defence in the course of eviction petition filed by the respondent No.1-Landlord (hereinafter 'the landlord') had been closed. The reason of the learned Rent Tribunal below was that several opportunities had been granted to the defendants for leading their defence evidence in the eviction petition and occasion for seeking further adjournment on 11.11.2010 stated to be the 12th day ceremony following the death of the mother of the defendants' counsel was insufficient to further adjourn the matter.

(2.) HEARD Mr. Manish Sharma, appearing for the defendants and Mr. J.P. Goyal, Sr. Counsel with Mr. Abhi Goyal, for the landlord.

(3.) THIS Court is informed that the next date before the Rent Tribunal is 28.05.2013. It is directed that the defendants keep all the witnesses, whose affidavits in evidence have already been filed before the Rent Tribunal, available before the Tribunal on 28.05.2013. The Rent Tribunal shall try and endeavour to have the aforesaid witnesses for the defendants cross-examined on their affidavits in evidence by 31.05.2013 as far as possible. It is made clear that the defendants would not be allowed to seek any adjournment before the Rent Tribunal or to file any additional affidavits in evidence and present defence witness other than those whose affidavits in evidence have already been filed before the Rent Tribunal.