This Court dismissed the writ petition challenging an order whereby the Rent Tribunal allowed the respondent-landlord to file documents in rebuttal and awarded costs to the tenant. The Court found no error as the delay was compensated by cost and caused no serious prejudice.
The writ petition is dismissed.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. CIVIL WRIT PETITION NO.8202/07
Satyendra Singh Jain vs. Ramsharan Sharma
Date of order : 4/2/2008.
HON'BLE MR.JUSTICE MOHAMMAD RAFIQ
Shri J.P. Goyal for the petitioner.
******
Heardlearnedcounselforthe
petitioner.
This writ petition has been filed
challenging the order dated 7.8.2007 whereby
certain documents filed by the respondent-
landlord have been allowed to be taken on
record which he filed in exercise of his
right to rebuttal. While allowing the
application, the learned Rent Tribunal has
awarded the cost of Rs.200/- to the
petitioner-tenant.
Learned counsel for the petitioner has
argued that when the evidence of the
respondent was concluded, he did not reserve
the right to rebuttal, therefore, at the
belated stage, such documents could not be
allowed to be taken on record. It was argued
that the respondent already completed his
evidence on 1.2.2007 and, thereafter,
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evidence of the landlord has started and
permitting the documents on record at this
stage would delay the proceedings.
Having heard the learned counsel for the
petitioner, I find that the documents which
have been placed on record are relating to
allotment letter, possession letter and
lease deed of Plot no.308, Scheme No.1, Arya
Nagar, Alwar. The learned Rent Tribunal
found these documents to be relevant for the
purpose of deciding the controversy in the
matter. The delay was compensated by
awarding cost to the petitioner. In any
case, the delay is not enormous and is not
causing any serious prejudice to the
petitioner. I therefore do not find any
error in the impugned order passed by the
learned Rent Tribunal.
The writ petition is dismissed.
(MOHAMMAD RAFIQ), J.
RS/
2 issues framed by the court
Whether documents filed by the landlord at a belated stage in exercise of the right of rebuttal could be allowed on record.
Whether the Rent Tribunal erred in awarding cost to the tenant for the delay caused by admitting the rebuttal evidence.
Satyendra Singh Jain
Ramsharan Sharma
Mohammad Rafiq
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court