NARPAT SINGH Vs. MOOLA RAM

JUDGEMENT

(1.) BOTH these petitions, CWP No. 2529/2009 and CWP No. 2530/2009, having been filed against similar nature orders dated 18.02.2009 as passed by the Rent Tribunal, Jodhpur involving similar and akin issues have been heard together. Having heard learned counsel for the petitioner and having perused the material placed on record, this Court is unable to find any reason to entertain these petitions; and both the petitions, being similar in nature, are taken up for disposal by this common order.

(2.) THE petitioner has filed before the Rent Tribunal separate petitions seeking eviction of the respective tenants-respondents, inter alia, on the ground of reasonable and bona fide requirement of the suit premises. The tenants have filed their reply contesting the petitions; and the petitioner has filed his rejoinder. After such filing of the pleadings, the tenants moved respective applications seeking to file supplementary replies essentially with the submissions that they had come to know about certain other premises at Mandore Road, Jodhpur being available with the petitioner-landlord. Such applications were rejected by the learned Tribunal by similar nature orders dated 01.02.2007 essentially on the consideration that there was no provision in the Rajasthan Rent Control Act, 2001 ('the Act of 2001') whereunder the non-applicant could submit any additional reply after filing of the rejoinder.

(3.) THE learned Tribunal has, of course, noticed the fact about the order dated 01.02.2007 but observed that the suggestion of the tenant about other shops having come in possession of the landlord cannot be decided without evidence of the parties; and the evidence of the applicant landlord was yet to be recorded. The Tribunal has also observed that in the event of the tenant filing the amended reply, the landlord could very well file an amended rejoinder; and that allowing of the application would be conducive to the just decision of the matter. The Tribunal has proceeded to allow the respective applications on costs of Rs. 300/-.