SHIVKARAN Vs. RENT TRIBUNAL, BHILWARA AND ANR.

JUDGEMENT

(1.) By the instant writ petition, the petitioner has challenged the order dt. 18.05.2008 (Annexure-5) passed by the respondent No.1, Rent Tribunal, Bhilwara (for short "the Rent Tribunal" hereinafter).

(2.) Heard learned counsel for the parties. Carefully gone through the order impugned.

(3.) The facts giving rise to the instant writ petition are that a petition under Sec. 9 of the Rajasthan Rent Control Act, 2001 (for short "the Act of 2001) was filed by the respondent No.2 against the petitioner seeking eviction of the rented premises mentioned therein. The notice of the petition was served on the petitioner. The petitioner filed a reply, affidavit and document annexed therewith. Thereafter, the matter proceeded and ultimately, the matter reached to the stage of final argument. At this stage, the petitioner-tenant filed an application to take on record the affidavit on 08.05.2008. The affidavit sought to be taken on record was prepared on 17.05.2007 and no explanation was made as to why such affidavit which was available and was in the knowledge of the petitioner, has not been filed with the reply as required under Sec. 15 of the Act of 2001. By the order impugned, the learned Tribunal dismissed the application of the petitioner. Hence this writ petition.