SUGANCHAND Vs. HANSA VAISHNAV AND ORS.

JUDGEMENT

(1.) THIS writ petition is directed against order dt. 30.5.14 passed by the Rent Tribunal, Jodhpur Metropolitan City, whereby an application preferred by the petitioner seeking leave to produce affidavits of the additional witnesses, stands rejected. The respondent -landlord has preferred a petition seeking eviction of the petitioner -tenant from the rented premises, a shop, on the ground of reasonable and bona fide necessity. The bona fide necessity of the premises is pleaded in terms that the respondent plaintiff intend to construct a garage for keeping his vehicles and for that purpose the tenants occupying the adjoining premises have already promised to vacate the premises.

(2.) THE suit is being contested by the petitioner by filing a reply thereto. In support of the case set out, the petitioner filed an affidavit of one Shri Kalam Malik @ Raju Bengali who is a tenant in an adjoining shop let out by the respondent -landlord, stating that he has never assured the landlord to vacate the premises. However, the said witness did not appear before the Court for cross examination.

(3.) AFTER due consideration, the application has been rejected by the Court below by the order impugned. Hence, this petition.