CW 5977/10 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.5977/2010 Ram Gopal Versus Rent Tribunal & Ors Date of Order ::: 10/05/2010 Hon'ble Mr. Justice Ajay Rastogi Mr. Sagheer Ahmed Qureshi, for petitioner Mr. Hemant Sharma, for Mr. GD Parwal for respondent (landlord) Instant petition has been filed by tenant assailing order dt.09/02/2010 (Ann.5) by which tenant's application against closure of his evidence was rejected by the Tribunal. The landlord filed application before the Rent Tribunal seeking eviction U/s 9 of Rajasthan Rent Control Act, 2001 ("Act, 2001") on the grounds of default & non-user of the rented premise. Along with application & written statement, affidavits were appended. As regards petitioner (tenant), five affidavits were placed on record in support of his defence. However, Ram Gopal (Dw1) & Neeraj Kumar (Dw2) were cross examined by plaintiff landlord; however, since other witnesses (Dw3, Dw4, & Dw5) were not present, they could not be cross examined; and the tenant's evidence was closed on 14/12/2009 while observing that sufficient opportunity was afforded to the tenant but failed to produce his witnesses. Against order dt.14/12/2009, application was filed by tenant for setting aside the order but it was rejected by the Tribunal vide order CW 5977/10 //2// dt.09/02/2010. Caveat on behalf of respondent-2 (landlord) has been entered. Counsel for respondent-2 submits that affidavits filed by the tenant are on record; and as regards Ram Gopal (Dw1) & Neeraj Kumar (Dw2), they have already been cross examined by plaintiff landlord. As regards other witnesses (Dw3, Dw4, & Dw5), on instructions, Counsel for landlord submits that plaintiff landlord is not interested to cross examine these witnesses; as such what has been deposed by them can be taken note of by the Tribunal while disposing of eviction application filed by the landlord. Since the landlord does not want to cross examine tenant's other witnesses (Dw3, Dw4, & Dw5), in view whereof, the Tribunal may take note of affidavits of these witnesses (Dw3, Dw4, & Dw5) while disposing of landlord's application seeking eviction in accordance with law. In view of statement (supra) made on behalf of landlord (respondent-2), there is no justification to interfere in the order impugned; accordingly, writ petition with the observations made (supra) stands disposed of. (Ajay Rastogi), J. K.Khatri/p2/ 5977CW2010May10DspDir.doc