// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.6326/2008 Smt. Joginder Kaur W/o late Shri Preetpal Singh Versus The Rent Tribunal, Kota and Another Date of Order ::: 13.08.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri Shailesh Prakash Sharma, Counsel for petitioner Shri Arvind Bhardwaj, Counsel for respondent No.2 #### By the Court:- Admit. The contesting respondent No.2 is represented by Shri Arvind Bhardwaj, Advocate. The respondent No.1 is only a formal party, therefore, its service is dispensed with. Heard learned counsel for the parties. The landlord-respondent No.2 filed an application for eviction of tenant-petitioner from the rented premise on the ground of personal bona-fide necessity, in the Rent Tribunal, Kota. The written-statement/reply to the application was filed by the tenant- petitioner. The case was fixed for tenant- petitioner's evidence. Six opportunities were granted to the tenant-petitioner but complete // 2 // evidence was not adduced. The matter was fixed on 6th May, 2008. The tenant-petitioner wanted to examine Bheem Raj and Pankaj Sharma, but he moved an application stating therein that instead of these two witnesses he wants to examine Tejinder Singh and also filed affidavit of Tejinder Singh in the court along-with the application. The application was contested by the landlord-respondent No.2. The trial court dismissed the application filed by the tenant- petitioner vide order dated 6th May, 2008, which is under challenge in this writ petition, preferred on behalf of the tenant-petitioner. The learned counsel for the petitioner contended that this is a matter relating to eviction of the tenant-petitioner from the rented premise, therefore, examination of Tejinder Singh in the present case is necessary in the facts and circumstances of the case and the trial court committed an illegality in rejecting her application for examination of Tejinder Singh. On the other hand, the learned counsel for the landlord-respondent No.2 contended that under the new Rent Control Act, 2001 it is a duty of the Rent Tribunal to give reasons for every adjournment given in the case. The Rent Tribunal has already granted six opportunities // 3 // to the petitioner to lead evidence but for one or the other reason she is unnecessarily delaying the eviction proceedings. He further contended that earlier the written- statement/reply of the tenant-petitioner was closed and only on payment of costs of Rs.2,000/- this court allowed the writ petition of the tenant-petitioner permitting her to file written-statement. He contended that the order passed by the trial court is absolutely justified in the facts and circumstances of the present case and the writ petition is liable to be dismissed. I have heard the learned counsel for the parties and examined the impugned order dated 6th May, 2008. It is correct that under sub-section (4) of Section 21 of the Rajasthan Rent Control Act, 2001, there is a specific provision that the Rent Tribunal shall not grant any adjournment without written-application and recording the reasons therefor in writing. However, looking to all the facts and circumstances of the case, I think that ends of justice would meet in case one last more opportunity is granted to the tenant-petitioner to examine Tejinder Singh and to produce him for cross-examination of the landlord on a // 4 // particular date to be fixed by this Court, on payment of costs. Consequently, the writ petition is allowed. The impugned order dated 6th May, 2008 passed by the learned Tribunal, Kota, is set- aside. The tenant-petitioner is permitted to examine Tejinder Singh as her witness on 27th or 28th of August, 2008, whichever date is convenient to the Rent Tribunal, on payment of costs of Rs.4,000/- (Rupees four thousand only), which will be paid to the landlord- respondent on or before the aforesaid date, failing which the aforesaid witness will not be allowed to be examined on behalf of the petitioner. So far as this writ petition is concerned, the costs is made easy. (Narendra Kumar Jain) J. //Jaiman//