Sangeet Lodha, J. - (1.) THIS writ petition is directed against order dated 18.12.13 of the Rent Tribunal, Jodhpur Metropolitan City, passed in Rent Case No. 5/12, whereby an application preferred on behalf of the respondent -tenant to take an additional affidavit and documents on record, stands allowed.
(2.) THE petitioners have filed a petition before the Rent Tribunal, Jodhpur Metropolitan City, seeking eviction of the respondent -tenant from the rented premises on the grounds of reasonable and bona fide necessity, material alteration and default in payment of rent. The petition is being contested by the respondent -tenant by filing a reply thereto. During the pendency of the petition, the respondent -tenant filed an application seeking leave to amend the reply so as to bring the subsequent event on record to show that the bona fide necessity of the premises as pleaded is not genuine. The application was contested by the petitioners by filing reply thereto. After due consideration, the application was rejected by the Rent Tribunal vide order dated 23.7.13, however, while rejecting the application the Rent Tribunal observed that if the respondent -tenant has come into possession of the documents having relevancy to the dispute, it is open for him to make a prayer to take the same on record, if permissible under the law.
(3.) ACCORDINGLY , the respondent -tenant preferred an application with the prayer to take an additional affidavit and certain documents on record. The application has been allowed by the Rent Tribunal observing that the documents sought to be produced alongwith the additional affidavit are germane to the matter in dispute and since, the respondent -tenant is yet to be cross examined by the petitioners, in the interest of justice, the same deserves to be taken on record. However, the prayer made by the respondent -tenant to recall the witnesses of the petitioners stands rejected.;