MANISH GERA Vs. MANISH DHAMEJA

JUDGEMENT

(1.) This writ petition has been filed by the petitioner-tenant challenging the order dated 16.09.2019 passed by the Rent Tribunal, Jaipur whereby the application submitted by the petitioner-tenant under Order 11 Rule 12 & 14 read with Section 151 C.P.C. was dismissed.

(2.) Brief facts of the case are that the respondents-applicants filed eviction application against the petitioner-tenant before the Rent Tribunal, Jaipur. During pendency of the eviction application before the tribunal, the petitioner-tenant has filed an application under Order 11 Rule 12 & 14 read with Section 151 C.P.C. which was dismissed by the Tribunal for summoning certain documents from respondents vide order dated 16.09.2019. Counsel for the petitioner-tenant submitted that the respondents-landlord is having alternative accommodation and he has shown certain properties in the income tax return, therefore, the Rent Tribunal has committed illegality in rejecting the application submitted by the petitioner. Counsel further submits that these documents are necessary for deciding the eviction application.

(3.) Hon'ble Supreme Court in the matter of Raj Kumar Bhatia Vs. Subhash Chander Bhatia reported in (2018) 2 Supreme Court Cases 87 in which para 12 has held as under:-