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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
MR. JUSTICE MAHENDAR KUMAR GOYAL, J
Ram Narain Thekedar – Appellant
Versus
Shri Vinayak Builders – Respondent
Order :
1. This writ petition under article 227 of the Constitution of India is directed against the order dated 26.03.2014 passed by the learned Rent Tribunal, Sikar (for brevity, ‘learned Rent Tribunal’) in Rent Application No.18/2011 whereby, an application filed by the petitioner/non- applicant (for brevity, ‘non-applicant’) for taking on record an affidavit of Shri Srichand, has been rejected.
2. The relevant facts in brief are that the respondent/applicant (for brevity, ‘applicant’) filed an Original Application against the non- applicant under Section 9 of the Rajasthan Rent Control Act, 2001 (for brevity, ‘Act of 2001’) seeking his eviction on the grounds of non-user for a period of preceding six months, material alteration as also reasonable and bona fide necessity. The non-applicant, in his reply, denying the averments made in the Original Application as to the grounds of eviction, submitted affidavits of himself as NAW-1 and that of Shri Ramavatar as NAW-2. During the course of trial, the non- applicant filed an application seeking leave of the learned Rent Tribunal to produce an affidavit of Shri Srichand as NAW-3. The application has been dismissed by the learned Rent Tr
The obligation to submit all evidence upfront in eviction proceedings is crucial, and late submissions without compelling justification are not permitted.
The denial of the opportunity to adduce evidence renders the exhibition of documents meaningless, emphasizing the necessity for competent witnesses to prove documents in court.
The court established that timely submission of evidence is crucial, but courts may exercise discretion to allow late submissions if justified by the circumstances, ensuring fairness in legal proceed....
Point of Law : Affidavit in lieu of examination-in-chief is constrained by two factors: (a) it must be examination-in-chief; and (b) it must be an affidavit conforming to requirement of Indian Eviden....
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.
The appellate court has the discretion to frame additional issues and record additional evidence under Order 41 Rule 25 and Rule 28 of the Code of Civil Procedure.
The Rent Court can issue eviction orders based on admissions in pleadings without requiring witness evidence, as proceedings are meant to be summary in nature under the Act.
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