MAHMUD KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition is directed against the order of the Rent Tribunal, Jodhpur dated 23. 3. 2005 in Case No. 236/2004 rejecting the application of the petitioner to summon witnesses for cross-examination. Respondent No. 3 Smt. Jasoda has filed the aforesaid case for eviction of the petitioner from the premises on the ground of bona fide personal need.

(2.) SECTION 21 of the Rajasthan Rent Control Act, 2001 provides for special procedure for trial of eviction cases. It permits evidence by affidavit. However, the Rent Tribunal or the Appellate Rent Tribunal, may in the interest of justice call witness for examination or cross-examination. The petitioner filed application to summon the witnesses who have affirmed affidavits in support of the respondent's case. The petitioner stated that the affidavits were based on false and concocted grounds and the deponents were related to the applicant i. e. , respondent herein. The Tribunal observed that the application did not specify which witness was related to the respondent/applicant and on what point the petitioner seeks to cross-examination them, and accordingly rejected the application.

(3.) IN the above premises we find no error in the order of Tribunal to warrant interference by this Court.