ARUN SINGH RAJPUT Vs. SUSHIL KUMAR MODI

JUDGEMENT

(1.) This writ petition is directed against order dtd. 1/12/18 passed by the Rent Tribunal, Bikaner in Rent Case No. 214/15, whereby an application preferred by the petitioner questioning the admissibility of the rent note (Ex. 1) produced by the respondent-landlord in evidence, has been dismissed.

(2.) The respondent-landlord filed a petition under Sec. 9 of the Rajasthan Rent Control Act, 2001 (for short 'the Act'), seeking eviction of the petitioner from a residential premises on the ground of default in payment of rent, nuisance, denial of title and reasonable and bonafide necessity. The petition is being contested by the petitioner by filing a reply thereto. The respondent had filed his own affidavit along with the reply to the petition, wherein the rent note produced on record was exhibited as Ex. 1. The evidence of the parties stand concluded and at this stage, the petitioner preferred an application questioning the admissibility of rent note produced in evidence stating that it has been executed on the stamp of Rs.100.00 wherein the period of tenancy has not been specified and thus, the rent note produced being insufficiently stamped and not registered is not admissible in evidence.

(3.) The application has been rejected by the Rent Tribunal observing that the rent note produced has already been exhibited in evidence and the admissibility thereof, was not questioned by the petitioner at the appropriate stage. The Rent Tribunal observed that the admissibility of the rent note (Ex. 1) in evidence was not questioned by the petitioner herein, at the time of cross-examination of the respondent and no question was put to the respondent in respect of the rent note during cross-examination. The Rent Tribunal opined that the petitioner cannot be permitted to question the admissibility of the document at this belated stage when it already stand exhibited in evidence.