CW 14054/08 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.14054/08 Tikam Chand & Ors. Versus Rent Tribunal, Kota & Anr. DATE OF ORDER : 29/05/2009 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Shailesh Prakash Sharma, for petitioner Mr. R.P. Vijay, for respondents *** Instant petition has been filed by petitioner-defendant assailing order dt.14th November, 2008 [Ann.3] passed by Rent Tribunal whereby cross-examination of the defendants' witness was closed. Non-petitioner-plaintiff filed a suit for eviction on the ground of personal & bonafide necessity u/s.9 of Rent Control Act, 2001. Petitioner in support of his defence filed affidavits of three defence witnesses. However, two of them were cross-examined on 14th November, 2008 and third defence witness Kamlesh as he was not well on that day, one more opportunity was sought by the petitioner to get him cross- examined on the next date of hearing which was disallowed/rejected by Rent Tribunal vide its order dt.14th November, 2008 [Ann.3]. CW 14054/08 [2] Counsel for petitioner submits that reason which was disclosed and submitted before Tribunal was bonafide and atleast he was entitled to get left out witness to be cross-examined and he is one of the important witness for his defence. Counsel for respondents, on the other hand, submits that ample opportunity was earlier afforded, as such, no further indulgence is required and the order of the Rent Tribunal dt.14th November, 2008 does not call for any interference. It appears from the record that matter came for cross-examination of defence witness on 16th October, 2008, but on the said date Presiding Officer was on leave and the next date fixed in the matter was 14th November, 2008 - on that day two witnesses out of three were cross-examined and as regards left out defendant's witness Kamlesh whose affidavit was already on record because of his illness could not have been cross- examined. This Court finds reasonable justification in the submission made by counsel for petitioner and considered it appropriate to grant one CW 14054/08 [3] opportunity to the petitioner-defendant to get their witnesses cross-examined on payment of cost which is considered by this Court to be of Rs.1000/-. Consequently, writ petition stands allowed. Order dt.14th November, 2008 [Ann.3] is hereby quashed and set aside provided the petitioner makes payment of Rs.1000/- to the respondent- plaintiff and submit receipt before Tribunal within one month. Learned Tribunal is also directed to grant one opportunity to the petitioner for cross-examination of his witness and immediately after his cross-examination, the matter, which will be riped up for final hearing, may be decided finally expeditiously. [AJAY RASTOGI], J. FRBOHRA14054CW08 29-5.doc