PRAKASH GUPTA, J. - (1.) This writ petition has been filed by the petitioner-tenant (hereinafter 'the tenant') against the order dated 21.4.2016 passed by the Rent Tribunal, Jaipur, whereby the application filed by one of the Legal Representative of the original tenant for taking his affidavit on record has been dismissed.
(2.) Facts of the case are that the respondent-landlord (hereinafter 'the landlord ") filed the application under Sections 6 and 9 of the Rajasthan Rent Control Act, 2001 (hereinafter 'the Act of 2001') before the Rent Tribunal, Jaipur against the original tenant Chagan Lal. The tenant filed the reply. During the pendency of the application, the original tenant Chagan Lal died and his LRs were taken on record. The Rent Tribunal, Jaipur vide its order dated 24.9.2013 allowed the application filed by the landlord. Being aggrieved therefrom, LRs of the original tenant filed an appeal before the Appellate Rent Tribunal, Jaipur. The appellate Rent Tribunal, Jaipur vide its judgment dated 24.3.2015 allowed the appeal; set-aside the order dated 24.9.2013 passed by the Rent Tribunal and remanded the matter to the Rent Tribunal with the following directions:- varnacular text
(3.) During the adjudication of the original application, as directed by the Appellate Rent Tribunal, one of LR of the original tenant filed an application under Section 21 of the Act of 2001 before the Rent Tribunal, Jaipur stating that original tenant Chagan Lal submitted his affidavit in defence, but his cross-examination could not be done, therefore, the evidence of Chagan Lal was inadmissible. It was also stated that till the death of original tenant Chagan Lal, Braj Kishore (one of the LR of original tenant) was doing business with him, therefore he is having the complete knowledge of the facts of the case. It was stated that in support of the averments made in the reply, he is submitting his affidavit, which is equivalent to the affidavit submitted by his father, therefore, the same may be taken on record. The landlord filed reply to the said application stating that the tenancy rights do not devolve. He prayed for dismissal of the application filed by the tenant;