Sangeet Lodha, J. - (1.) This petition is directed against order dated 19.1.16 passed by the Appellate Rent Tribunal, Udaipur in Rent Appeal No.31/15, whereby the prayer made on behalf of the petitioner for disposal of the application under Order 41, Rule 27 CPC, prior to hearing of the appeal, stands rejected.
(2.) The relevant facts are that the respondent-landlord preferred a petition seeking eviction of the petitioner-tenant from the rented premises, before the Rent Tribunal, Udaipur. During the pendency of the petition, the petitioner filed an application for taking the documents on record, which was rejected by the Rent Tribunal vide order dated 21.11.14. Aggrieved thereby, a writ petition preferred by the petitioner before this court was dismissed as withdrawn with liberty to the petitioner to question the legality of the said order passed by the Rent Tribunal, in appeal before the Appellate Rent Tribunal, if the occasion arises. The petition preferred by the respondent seeking eviction of the petitioner, has been allowed by the Rent Tribunal vide order dated 7.4.15. Aggrieved thereby, the petitioner preferred an appeal before the Appellate Rent Tribunal, wherein the legality of order dated 21.11.14 passed by the Rent Tribunal as aforesaid, is also questioned. At the same time, the petitioner has preferred an application under Section 19 (9) of the Rent Control Act, 2001 read with Order 41, Rule 27 for taking the documents on record. The petitioner made a prayer for deciding the application prior to hearing of the appeal, which stands rejected by the Appellate Rent Tribunal. Hence, this petition.
(3.) Learned counsel appearing for the petitioner contended that the legality of order dated 21.11.14 was questioned by the petitioner by way of a writ petition before this court wherein, liberty was extended to him to question the legality thereof, in the appeal before the Appellate Rent Tribunal. Learned counsel submitted that the documents sought to be brought on record go to the root of the matter and therefore, the application preferred by the petitioner for taking the documents on record, needs to be decided by the Appellate Rent Tribunal prior to hearing of the appeal. Learned counsel would submit that the order impugned passed by the Appellate Rent Tribunal is ex facie contrary to law and therefore, deserves to be set aside. In support of the contention, learned counsel has relied upon a decision of this court in the matter of "Babu Khan v. Girdhari Lal ", 2013(2) DNJ (Raj.), 891 .;