Sangeet Lodha, J. - (1.) THIS writ petition is directed against order dt. 28.5.13 passed by the Rent Tribunal, Jodhpur Metropolitan City, whereby an application preferred on behalf of the respondent -landlord seeking leave to cross examine the witnesses produced on behalf of the petitioner -tenant, stands allowed. The respondent -landlord has filed a petition seeking eviction of the petitioner -tenant from the disputed premises, a shop, on the ground of bona fide requirement. The petition is being contested by the petitioner -tenant by filing a reply thereto.
(2.) THE respondent -landlord preferred an application seeking leave to cross examine the witnesses produced on behalf of the petitioner -tenant stating that the assertions of the witnesses as contained in the affidavits filed suffer from contradiction. The petitioner -tenant also filed an application seeking leave to cross examine the witnesses whose affidavits have been filed on behalf of the respondent -landlord. After due consideration, the Rent Tribunal has permitted both the parties to cross examine the witnesses produced on behalf of the party opposite. The petitioner -tenant is aggrieved by permission granted for cross -examination to the respondent -landlord. Hence, this petition.
(3.) LEARNED counsel for the petitioner submits that in terms of provisions of Section 21 of the Rajasthan Rent Control Act, 2001 (for short "the Act"), a party cannot claim cross examination of the witnesses as a matter of right. Learned counsel submitted that while seeking leave to cross examine the witnesses, the reasons therefore must be specified in the application preferred. It is submitted that the proceedings before the Rent Tribunal being summary in nature, the cross examination of witnesses cannot be permitted by the Rent Tribunal in routine manner. Learned counsel submitted that the averments made in the reply to the petition having not been disputed by the respondent -landlord, it cannot claim right to cross examine the petitioner -tenant. Accordingly, it is submitted that the order impugned passed by the Rent Tribunal suffers from error apparent on the face of record.;