- (1.) Instant writ petition has been filed by the petitioner challenging the order dated 25.07.2019 passed by the Trial Court whereby application submitted by the petitioner under Section 21 of the Rajasthan Rent Control Act, 2001 for submitting the affidavit of her son in evidence was dismissed.
(2.) Brief facts of the case are that the respondent No.1 (landlord) filed an eviction application under Rajasthan Rent Control Act, 2001 before the rent Tribunal in the year 2011 seeking eviction of the petitioner-tenant as well as respondent No.2, on the grounds of personal need and bonafide necessity and sub-letting. The petitioner-tenant filed reply to the eviction application on 23.07.2011. Along with reply the petitioner has also submitted the affidavit of Gayatri Devi. The evidence of the landlord-respondent No.1 was recorded and affidavit of landlord was already there on record and evidence of the landlord was completed in the year 2014. Thereafter, the learned Tribunal granted as many as 15 opportunity to the petitioner-tenant for her cross-examination and when petitioner-tenant failed to appear for cross-examination then evidence of the petitioner was closed on 05.10.2017. Thereafter, application was submitted by the petitioner-tenant for her cross-examination. The learned Tribunal allowed the petitioner-tenant one more opportunity for her cross- examination on 13.08.2018. At the time of cross-examination, the petitioner-tenant submitted an application on 01.12.2018 along with affidavit of son of the tenant namely Jhaman Das. The said application was dismissed by the learned trial Court vide order dated 25.07.2019. Hence, this writ petition has been filed by the petitioner challenging the order dated 25.07.2019.
(3.) Counsel for the petitioner submitted that the learned trial Court has committed serious illegality in not allowing the opportunity to the petitioner-tenant to submit the affidavit of her son as her son is also doing business in the disputed premises. Counsel further submitted that the matter is at the stage where the evidence of the tenant is still going on, therefore, no prejudice would be caused to the respondent-landlord if the application is allowed.;