DINESH MEHTA,J. - (1.) The petitioner has filed the present writ petition under Article 226/227 of the Constitution of India, inter alia challenging the judgment and order dated 31.01.2009 passed by learned Rent Control Tribunal, Kota, whereby the application filed by the petitioner tenant has been rejected.
(2.) The facts giving rise to the present writ petition are that the respondent No.2 filed a petition before the Rent Tribunal under Section 9 of the Rent Control Act for eviction of the tenant petitioner.
(3.) During the pendency of the petition, respondent No.2- landlord filed certain documents along with affidavit, which were taken on record. The petitioner-defendant thereafter moved an application dated 15.04.2008, whereby a prayer has been made to take off the document Ex.7 to 26 and the rejoinder from record. Vide the order under challenge, learned Trial Court has rejected the said application filed by the petitioner-tenant and has held that there is no prohibition of filing rejoinder and documents which have been taken on record, in the interest of justice. While passing the impugned order dated 31.09.2009, learned Trial Court has relied upon a judgment of this court rendered in 2007(3) DNJ (Raj.) 1636 (Aonp Chand v. Nand Kishore & Ors.) .;