SRIDHAR GOSWAMI Vs. SHASHI RANI GUPTA AND ORS.

JUDGEMENT

(1.) This writ petition is directed against order dated 3.8.13 of the Rent Tribunal, Churu, whereby the rejoinder to reply filed on behalf of the petitioner is refused to be taken on record.

(2.) The petitioner preferred a petition under Sec. 12 of the Rajasthan Rent Control Act, 2001('the Act') before the Rent Tribunal, Churu, for recovery of possession under Sec. 11 of the Act, against the respondents-landlord. The respondents filed reply to the petition on 28.9.12 and accordingly, the matter was fixed for filing of the rejoinder by the petitioner, if any. Thereafter, on 12.10.12, 18.11.12, 29.11.12, 20.12.12, 17.1.13 and 28.2.13, the matter was adjourned inasmuch as the petitioner sought time for filing the rejoinder. The rejoinder was filed by the petitioner on 12.4.13, however, the same was objected to be taken on record by the respondents. On 3.5.13, the respondents preferred an application with a prayer that the rejoinder filed may be struck off from the record. The application has been allowed by the Rent Tribunal and the rejoinder filed on behalf of the petitioner is refused to be taken on record. Hence, this petition.

(3.) Learned counsel for the petitioner submitted that it is true that as per provisions of Sec. 12(3) of the Act, the rejoinder is required to be filed within a period of one week from the date of service of copy of the reply, but the said provision cannot be construed to be a mandatory provision and for valid reason the Rent Tribunal is empowered to condone the delay. Learned counsel submitted that since the time was granted by the Rent Tribunal for filing the rejoinder and the rejoinder was filed by the petitioner on the date fixed i.e. on 12.4.13, in the interest of justice, the same was required to be taken on record. Learned counsel submitted that no prejudice is likely to be caused to the respondents on account of the rejoinder being taken on record.