2015 Supreme(Raj) 686
MOHAMMAD RAFIQ
Arun Kumar – Appellant
Versus
Dharmchand Jain – Respondent
Advocates Appeared
Sangeeta Sharma, for Tenant-Petitioner;
Mohit Gupta, for Landlord-Respondents
Hon'ble RAFIQ, J.— This writ petition has been filed by tenant-petitioner challenging order dated 30.10.2014 passed by the Rent Tribunal, Alwar, whereby the Application No. 69/2009 filed by tenant-petitioner under Order XI Rules 12 and 14 read with Section 151 of the Code of Civil Procedure (for shot, `the CPC') for summoning certain documents, has been dismissed. The tenant-petitioner, in the aforesaid application, prayed for a direction to landlord-respondents to produce on record rent-notes of other three shops, which they have let out to different persons, to enable him to show as to when such shops were left out and whether the shops were let out after filing of the eviction petition. The Rent Tribunal rejected the application on the premise that plea of personal bona-fide necessity has to be proved by landlord and therefore, summoning of those documents would not be said to be necessary.
2. Ms. Sangeeta Sharma, learned counsel for tenant-petitioner, assailed the correctness of the impugned order and argued that the Rent Tribunal has failed to appreciate that landlord-respondents themselves have set up the plea of personal bona-fide necessity. At the same time, the landlord-res
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