1 SBCWP No.4822/08 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. O R D E R S.B.CIVIL WRIT PETITION NO.4822/2008 Vijay Sahani Vs. Madan Lal Aggrawal & Anr. Date of Order : : 20/05/2009 PRESENT HON'BLE MR. JUSTICE H.R. PANWAR Mr.R.K.Thanvi, for the petitioner-tenant. Mr.Tribhuvan Gupta, for the respondent-landlord. BY THE COURT: By the instant writ petition under Article 227 of the Constitution of India, the petitioner has challenged the order dated 23th May, 2008 passed by respondent-Rent Tribunal, Udaipur (for short “the Tribunal” hereinafter) whereby the application of the petitioner under Section 21(3) of the Rajasthan Rent Control Act, 2001 (for short “the Act of 2001” hereinafter) came to be dismissed. 2 SBCWP No.4822/08 I have heard learned counsel for the parties. It is contended by learned counsel for the petitioner that the petitioner filed a reply to the original application filed by the respondent-landlord. However, the respondent-landlord filed rejoinder wherein certain new facts have been pleaded and the petitioner-tenant has been deprived even to controvert those facts. According to learned counsel for the respondent-landlord, in the rejoinder, no new facts has been pleaded filed by the respondent-landlord. Learned counsel submits that even in the application dated 23rd August, 2007, the petitioner-tenant has prayed in alternative that objection with regard to the new facts may be taken on record. Having regard to the peculiar facts and circumstances of the case, in my view, it would be appropriate to permit the petitioner-tenant to controvert those alleged new facts pleaded by the respondent-landlord by way of rejoinder by filing sur-rejoinder. However, it is made clear that the petitioner-tenant is permitted to file sur-rejoinder only to the extent of controverting the new facts as pleaded by the respondent in the rejoinder. In this view of the matter, the order impugned 3 SBCWP No.4822/08 dated 23.5.2008 passed by the Rent Tribunal, Udaipur is set aside. The writ petition is allowed to the extent above. Stay petition stands disposed of. NK (H.R. PANWAR), J.