Hon'ble MAHESHWARI, J. - (1.) BY way of this writ petition, the petitioner- tenant seeks to question the order dated 05.07.2010 (Annex.7) passed by the Rent Tribunal, Jodhpur in Original Petition No. 237/2009 insofar the Tribunal has declined her prayer for summoning of certain documents from the plaintiff-landlady and for summoning of certain persons, said to be relevant for determination of the questions involved in the matter.
(2.) SHORN of unnecessary details, the relevant facts and background aspects of the matter are that the respondent No.1 herein has filed a petition against the petitioner-tenant seeking eviction per cls. (a) and (i) of Sec.9 of the Rajasthan Rent Control Act, 2001 ('the Act of 2001') on the grounds of default in payment of rent by the tenant and reasonable and bona fide requirement of the landlady. The petitioner has filed a reply refuting the allegations and contesting the grounds of eviction. The landlady has also filed a rejoinder. The petitioner moved an application (Annex.4) before the Tribunal with reference to Section 21 of the Act of 2001 read with Order XI Rules 12 & 14 and Section 151 of the Code of Civil Procedure seeking production of certain documents from the landlady with the submissions that the cheques allegedly dishonoured, the rent note, the lease agreement, the appointment letters of the landlady and her husband, their work permit and Green Card for USA, the family settlement deed, and the title documents in relation to other properties, all were the necessary documents for just and proper determination of the questions involved in the matter. The petitioner prayed for directions thus: JUDGEMENT_1618_RAJLW2_2011Image1.jpg The petitioner moved another application (Annex.5) with reference to Section 21 of the Act of 2001 and Section 151 of the Code of Civil Procedure for summoning the landlady and her husband with the submissions that they were the relevant persons for the questions involved in the matter including the allegations of reasonable and bona fide requirement but both of them have not filed any affidavit in evidence. The petitioner prayed in this application that,- JUDGEMENT_1618_RAJLW2_2011Image2.jpg The petitioner filed yet another application (Annex.6) with the prayer that she may be permitted to cross-examine the witnesses who have filed the affidavits in support of the petition for eviction. The Rent Tribunal proceeded to deal with and decide all the three applications aforesaid by the common order dated 05.07.2010 (Annex.7). So far as the application Annexure-6 is concerned, the learned Tribunal allowed the same after finding it just and proper that the present petitioner be permitted to cross-examine the witnesses of the opposite party. However, so far as the other two applications (Annex.4 & Annex.5) are concerned, the learned Tribunal rejected the same.
(3.) IN relation to the prayer as made in the application Annexure-5 for summoning of the witnesses, the Tribunal observed that the landlady and her husband have not filed any affidavit in evidence and there was no justification to summon them. The Tribunal further observed that the ground of reasonable and bona fide requirement was to be established by the landlady and if she has not filed her affidavit, the effect thereof would only be considered at the time of final decision of the petition. In relation to the application Annexure-4, the Tribunal found the prayer concerning the documents entirely unjustified with the observations, inter alia, to the effect that the landlady was to establish her reasonable and bona fide requirement and the petitioner was not entitled to seek summoning of the documents relating to the service of the husband of the landlady or the family settlement. The Tribunal also pointed out that the petitioner had not stated any particulars about the land or house at Amar Nagar and Shyam Nagar. In regard to the rent note and lease agreement, the Tribunal observed that the rent note had been referred by the landlady as Exhibit 2 and thus, directed that the original thereof be produced at the time of evidence. ;