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.

Order :

VINIT KUMAR MATHUR, J

1. Heard learned counsel for the parties.

2. The present writ petition has been filed against the order dated 25.10.2018 passed by Rent Tribunal, Barmer, whereby the application preferred by the petitioners to produce the affidavit of witness Meghraj on record and allow him to be cross-examined was rejected.

3. Learned counsel for the petitioners submits that for reasons beyond their control, the petitioners could not file the affidavit along with the reply filed before the rent tribunal. He further submits that the petitioners may be granted one opportunity to submit the affidavit of witness Meghraj and to cross-examine him on the appropriate cost being imposed by this Court. He further submits that if the same is not done, then the petitioners will suffer an irreparable loss.

4. Per contra, learned counsel for the respondents while opposing the submissions made by the counsel for the petitioners submits that the petitioners failed to avail the opportunity granted to them for filing the affidavit along with the written statement. He further submits that the matter is pending consideration since 2016 and a meager rent is being paid by the petitioners for the rented premises. He further submits that the petitioners may be given last opportunity on the cost of Rs.10,000/- to be paid by them and if the same is paid by the petitioners to the respondents then they may be permitted to produce their evidence and the respondents may be directed to cross-examine the witness. He further submits that the learned rent tribunal may be directed to conclude the proceedings and decide the same expeditiously. At this stage, learned counsel for the parties have informed this Court that the matter is listed today before the learned rent tribunal for final hearing, therefore, the rent tribunal may be directed to fix the next date in the matter as 24.03.2025 and on that date, the petitioners may be permitted to submit the affidavit of witness Meghraj and the respondents may be permitted to cross-examine him on depositing the cost of Rs.10,000/-, to be paid to the respondents.

5. Considering the submissions made before this Court, the present writ petition is disposed of with a direction to the rent tribunal to take the affidavit filed by the petitioners on record and to allow the respondents to cross-examine on the next date of hearing i.e. 24.03.2025 provided the petitioners deposit cost of Rs.10,000/- to be paid to the respondents on the next date of hearing i.e. 24.03.2025.

6. It is further directed that the rent tribunal shall decide the matter within a period of ten days after giving a reasonable opportunity of hearing to both the parties, strictly in accordance with law.