The Rent Tribunal is not bound by the procedure laid down by the Code of Civil Procedure and has the power to regulate its own procedure guided by the principle of natural justice.

1. - Heard learned Counsel for the petitioner.

2. In this writ petition, the petitioner is challenging the validity of the order dated 5.11.2011 whereby the prayer of the petitioner for deciding the preliminary issue is rejected by the Rent Tribunal. Learned Counsel for the petitioner submits that it is the duty of the Rent Tribunal to first decide the question whether the petitioner is tenant of the non-applicant or not and, after deciding the said issue, the Trial Court is required to proceed in the matter.

3. After hearing learned Counsel for the petitioner, I have perused Section 21 of the Rajasthan Rent Control Act, 2001, which reads as under:

"21. Procedure and powers of the Rent Tribunal and the Appellate Rent Tribunal.-

(1) in every case before the Rent Tribunal and the Appellate Rent Tribunal the evidence of a witness shall be given by affidavit. However, the Rent Tribunal or the Appellate Rent Tribunal, where it appears to it that it is necessary in the interest of justice to call a witness for examination or cross-examination and such witness can be produced, may order attendance for examination or cross-examination of such a witness.

(2) The documents filed before the Rent Tribunal by the petitioner shall be distinctly marked by him as Ex.-l, Ex.-2 and so on in the red ink and the documents filed by the respondent shall be similarly distinctly marked by him as Ex.A-1, Ex.A-2 and so on in red ink and in the affidavits the documents shall be referred by these exhibit marks and signatures or other parts of the documents referred to in the affidavits shall be distinctly marked by the party filing the document as A to B or C to D and so on in red ink.

(3) The Rent Tribunal and the Appellate Rent Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 (Central Act No. 5 of 1908), but shall be guided by the principle of natural justice and subject to other provisions of this Act or the Rules made thereunder and shall have powers to regulate their own procedure, and for the purpose of discharging their functions under this Act they shall have, the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (Central Act No. 5 of 1908) while trying a suit or an appeal in respect of following matters, namely:-

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) requiring the discovery and production of documents;

(c) reviewing its decision;

(d) issuing commissions for the examination of witnesses or documents;

(e) dismissing petition for default or deciding it ex parte;

(f) setting aside any order of dismissal of any petition for default or any order passed by it ex parte;

(g) bringing legal representatives on record; and

(h) any other, matter as may be prescribed.

(4) Rent Tribunal shall not grant any adjournment without written application and recording the reasons therefor in writing.

(5) Any proceeding before the Rent Tribunal or Appellate Rent Tribunal shall deemed to be a judicial, proceeding within the meaning of Sections 193 and 228 and for the purpose of Section 196 of the Indian Penal Code, 1860 (Central Act No. 45 of 1860) and the Rent Tribunal or the Appellate Rent Tribunal shall be deemed to be a Civil Court for the purposes of Section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973."

4. In view of above, the order passed by the Rent Tribunal is perfectly in consonance with law because the provisions of Code of Civil Procedure are not required to be followed by the Rent Tribunal before deciding the application.

5. In view of above, this writ petition is hereby dismissed.Petition dismissed.

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