NIRMALJIT KAUR,J. - (1.) The prayer in the present writ petition is to set aside the impugned order dated 10.05.2017 passed by the Additional Civil Judge, Rent Tribunal, Jodhpur Metropolitan vide which the application of the petitioner under Section 21 of the Rajasthan Rent Control Act, 2001 was dismissed.
(2.) There was an oral agreement between the parties with regard to raising construction on the said premises and later adjust the amount with the rent. However, the said application was dismissed on the ground that the same was not necessary and the petitioner could prove his case through documentary evidence. Heard.
(3.) The plea was of oral agreement. The same can only be met by way of cross-examination. It is settled principle of law that in case the decision depends on an oral testimony and the same cannot be proved from other material, the cross examiner should be permitted in the interest of fair trial. The same has also been held by learned Single Bench of this Court at Jaipur Bench in Kishan Lal Dilliwal and Anr. v. Moolchand Vishva and Ors. in S.B. Civil Writ Petition No. 13037/2010 decided on 09.01.2013. It is not understood as to how the right of the petitioner to cross examine can be denied in the present set of facts.;