NISAR MOHAMMAD Vs. MOHAMMAD SALEEM

JUDGEMENT

(1.) This writ petition has been filed by the petitioner-tenant aggrieved by order dated 10.09.2014 passed by Rent Tribunal(Newly Constituted), Jaipur Metro City, Jaipur(for short 'the Rent Tribunal') which has dismissed the application filed by the petitioner under Section 151 CPC. In that application the petitioner has prayed for a direction that the rent note filed by the respondent is forged and photostat copy of the rent note in any case cannot be admissible in evidence. Prayer was made that the Rent Note be removed from the record. Learned Rent Tribunal dismissed the application on the premise that another application of the petitioner for getting the rent note examined from handwriting expert was pending and, therefore, learned Rent Tribunal did not accede to the prayer of the petitioner and dismissed the application.

(2.) Mr. J.P. Goyal, learned Senior Counsel appearing on behalf of the petitioner has submitted that unless the question of admissibility of the document aforesaid was decided, the Rent Tribunal could not proceed further and besides allegation of the petitioner was that the document was forged and therefore, the document was liable to be taken off from the record. It is argued that the petitioner is owner of the disputed property and not the tenant and the respondent was in permissive possession thereof.

(3.) All the aforesaid issues shall have to be decided by the learned Rent Tribunal, which is a speedy remedy and for which summary proceedings have been provided in the Rajasthan Rent Control Act, 2001. All the documents are required to be filed with the original application and its reply. Full fledged question of admissibility of facts like the present one can be gone into a regular civil suit and these are not required to be examined by the learned Rent Tribunal which is evident from Section 21 (3) of the Rajasthan Rent Control Act, 2001, which provides that the landlord or the tenant, whoever approaches the court will accompany along with the application all the documents by marking them as Exhibits along with the affidavit. Similarly opposite party shall in reply also file documents/affidavit. In these circumstances, order passed by the learned Rent Tribunal cannot be faulted with. However, the Rent Tribunal is directed to consider the questions raised by the petitioner with regard to document aforesaid and decide the same along with all other applications with the main eviction application finally within a period of four months from the date next fixed before it. All interlocutory applications filed in between shall also be decided by the Rent Tribunal along with the main case.