Allowed

Mefooz Agha v. Ashok Kumar

Rajasthan HC8 May 2017CW/46/2017

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What is this about?

In a writ petition challenging an order by the Rent Tribunal that closed the tenant's defense evidence, the High Court of Rajasthan quashed the impugned order and directed the Tribunal to allow cross-examination of a specific witness before disposing of the eviction petition within one month.

What did the court decide?

Impugned order dated 19.12.2016 quashed and set-aside; witness to be cross-examined; eviction petition to be disposed within one month.

Mefooz Agha Vs Ashok Kumar — Execution and Attachment | Rajasthan HC (2017)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No.46/2017

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Mefooz Agha S/o Late Shri Hafeezuddin, Aged About 79 Years, by caste Musalman, Optomac Vision House, Opposite to ESI Dispensary, Bajaria, Sawaimadhopur.

¶4

----Petitioner/Defendant

¶5

Versus

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Ashok Kumar S/o Late Shri Narayan, Aged About 42 Years, by caste Bairwa, resident of Dheengla, Sawaimadhopur.

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----Respondent

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For Petitioner(s) : Mr. Rizwan Ahmed.

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For Respondent(s) : Mr. Harshad Kapoor.

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HON'BLE MR. JUSTICE ALOK SHARMA

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Order

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08/05/2017

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Under challenge is the order dated 19.12.2016 passed by the Rent Tribunal, Sawaimadhopur (hereinafter ‘the Tribunal’) whereby the defence evidence of the petitioner-tenant (hereinafter ‘the tenant’) in the eviction petition laid by the respondent-landlord (hereinafter ‘the landlord’) has been closed.

¶14

At the outset, counsel for the landlord submitted that in the event only one opportunity is allowed for the cross examination of the NAW-5 Subhash Kanwariya on the next date of hearing before the Tribunal, he would have no objection to the impugned order dated 19.12.2016 to being set-aside.

¶15

Mr. Rizwan Ahmed appearing for the tenant submitted that in the event of the NAW-5 Subhash Kanwariya indeed being allowed to be cross examined by the counsel for the landlord, the tenant

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(2 of 2)

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[CW-46/2017]

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would be fully satisfied and would have no objection to the petition being so disposed of.

¶19

Heard. Considered.

¶20

For reason of submission of counsel, the impugned order dated 19.12.2016 passed by the Tribunal closing the tenant’s evidence is quashed and set-aside. This however is on the condition that on the next date before the Tribunal, the said Subhash Kanwariya NAW-5 be present and be cross examined by the counsel for the landlord. The said cross examination be concluded on the same day or if necessary on the following working day. The Tribunal is also directed to dispose of the eviction petition before it within a period of one month thereafter.

¶21

The petition stands allowed accordingly.

¶22

(ALOK SHARMA), J.

¶23

R.Vaishnav

¶24

36.

Mefooz Agha v. Ashok Kumar

Case brief

What is this about?

What did the court decide?

Mefooz Agha v. Ashok Kumar

Case brief

What is this about?

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