M/S. FORMICA TRADERS, FILM COLONY, KOTHARI BHAWAN, JAIPUR Vs. TRIPTI KUMAR KOTHARI, S/O SHRI RAM CHANDRA KOTHARI
LAWS(RAJ)-2017-9-119
HIGH COURT OF RAJASTHAN
Decided on September 11,2017

M/S. Formica Traders, Film Colony, Kothari Bhawan, Jaipur Appellant
VERSUS
Tripti Kumar Kothari, S/O Shri Ram Chandra Kothari Respondents

JUDGEMENT

- (1.) Instant special appeal is directed against order of the ld. Single Judge dt.04.08.2017.
(2.) The writ petition came to be preferred by the tenant assailing order dt.01.02.2010 of the Rent Tribunal, Jaipur rejecting application dt.14.12.2009 seeking permission for cross examination of sole witness of the landlord in the eviction proceedings. It may be noticed that the eviction petition came to be filed on manifold ground by the landlord u.Sec.9 of the Rajasthan Rent Control Act, 2001 ('the Act of 2001') for eviction of the tenant from the commercial premises in the year 2009.
(3.) After the written statement came to be filed, issues were framed and at the stage came for recording of evidence, the plaintiff-landlord submitted examination in chief in the form of an affidavit at this stage application came to be filed by the appellant-tenant dt.14.12.2009 seeking permission for cross examination of the witnesses and that came to be rejected by the Tribunal vide its order dt.01.02.2010.;


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