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ARUN MONGA
Gulam Nabi – Appellant
Versus
Abdul Wahid – Respondent
Please provide the legal document content (replace {content} with the actual text) so I can extract and summarize the key points with references as instructed.
ORDER :
Mr. Arun Monga, J. - Petition herein is directed against an order dated 18.07.2023 passed by learned Rent Tribunal, Bhilwara, whereby an application filed by the petitioners seeking permission to tender affidavit as examination in chief of defendants' witnesses, under Section 9 of the Rent Control Act, 2001, was dismissed.
2. Succinct facts first, as pleaded in the petition.
2.1 An eviction petition was filed by respondent stating, inter alia, that shop in question was rented at the monthly rent of Rs. 4,500/- by the respondent to the father of the petitioners. Respondent alleges that the petitioners have not paid the monthly rent of the shop in question since 01.01.2013, despite the respondent sharing his bank account details to the petitioners.
2.2 Furthermore, owing to the expansion of his family and in order to establish a business for his sons, landlord is in bonafide need of the shop in question. It is further stated that the petitioners are using the shop for gas welding work, which is causing a nuisance in the area.
2.3 A specific issue qua rate of rent was framed by the learned trial Court. Burden of proof was cast upon the petitioners to prove that the monthly rent of
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The court emphasized procedural fairness, allowing the petitioners to submit a witness affidavit and cross-examine him, conditional upon the payment of costs, to ensure timely resolution of the case.
Parties in litigation must be granted adequate opportunities to present their case, and procedural delays should not prevent justice if not caused by mala fide intentions.
The burden of proof under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 is on the tenant to prove availability of vacant rooms with the landlord, and the admissibility of s....
Written statement set of and counter claim - Provisions of Order 8, Rule 1-A(3) of Code of Civil Procedure are not to condone acts of omissions of defendant nor intent of said provision is to allow d....
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