CW 14784/09 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.14784/2009 Krishan Gopal Mehra Versus Radha Vallabh Katta Date of Order : 23/03/10 Hon'ble Mr. Justice Ajay Rastogi Mr. MS Beg, for petitioner. Instant petition has been filed assailing orders dt.05/03/2009 (Ann.1) and dt. 23/07/09(Ann.4) whereby two misc. applications filed for taking documents on record have been rejected by the Rent Tribunal, Jaipur. Application was filed by non- petitioner (landlord) seeking eviction of petitioner from suit premises on the ground of personal necessity as alleged therein. After the evidence of applicant (landlord) was over, the matter was fixed for defendant petitioner witness at this stage, instant misc. applications were filed by petitioner (tenant) for summoning documents, inter-alia praying that passport of son of non-petitioner; their income tax returns and partition deed be summoned and be taken on record; while as per 2nd misc. application, orders passed by Civil Judge in inter-pleader suit-117/04 be taken on record. Both the misc. applications were rejected by the Rent Tribunal vide orders impugned. Counsel submits that the documents CW 14784/09 //2// referred to in the applications are having a direct bearing on the issues framed by the Rent Tribunal and that alone will show that personal necessity pleaded by the landlord is not made out and if such documents are not permitted to be summoned & taken for leading evidence on record, great prejudice may cause to the petitioner (tenant). A perusal of orders impugned depicts that it has been taken note of in regard to income tax return and the partition deed and the Rent Tribunal has observed that the application has been filed only after the plaintiff’s evidence was complete and the matter was fixed for defendant’s evidence and that apart, what has been urged by petitioner has been considered to be irrelevant for decision; and at the same time, the decree passed in inter-pleader suit certainly has no bearing on the issue framed in instant eviction proceedings and taking note whereof, vide subsequent order impugned, 2nd misc. application has also been rejected. This Court has gone through the orders impugned and finds no manifest error being committed warranting interference therein. Consequently, writ petition is devoid of merit and is hereby dismissed. (Ajay Rastogi), J. K.Khatri/p.2/ 14784CW2009Mar23Ds.doc