- (1.) THIS writ petition has been preferred by the petitioners with the prayer that the application filed by the petitioner under Section 21 of the Rajasthan Rent Control Act, 2001 (hereinafter referred to as 'the Act of 2001) read with Order 7 Rule 14 (3) C.P.C. for taking documents on record before the Rent Tribunal, Bhilwara in Case No.79/2007 may be allowed and the documents presented with the said application may be taken on record.
(2.) BRIEF facts of the case are that the petitioner -applicants filed an application under Section 9(e & i) of the Rajasthan Rent Control Act, 2001 for eviction of shop, description of which has been given in the application and for mesne profit against the respondent alleging that the petitioner No.1 is the owner of the disputed shop and son of the respondent was a tenant of that shop and he handed over the possession of the shop to the respondent without taking permission from the petitioner - applicants. It is further claimed in the eviction petition that the petitioners are in requirement of the disputed shop for expansion of their business. The respondents preferred written statement to the eviction petition and averred that the shop was given on rent to him and his son by the father of the petitioner No.1 and, therefore, the allegation of sub -tenancy are not correct. It is also contended by the respondent in the reply that the petitioner No.2 is not the son of the petitioner No.1 and as such the claim of bonafide necessity is not tenable. The petitioners filed rejoinder to the reply of the respondent stating that the petitioner No.2 is adopted son of the petitioner No.1 and collecting the rent from the respondent regularly and, therefore, in that capacity, he is landlord. In response to the rejoinder, sur - rejoinder was filed by the respondent.
(3.) THE evidence of the petitioner -applicants was started on 21.10.2010, however, the same was deferred due to non -availability of the original documents. At this stage, the petitioner - applicant moved an application under Section 21 of the Act of 2001 read with Order 7 Rule 14 (3) C.P.C. for taking certain documents on record. The documents sought to be taken on record are photostat copy of voter I.D. card and PAN card pertaining to petitioner No.2.;