Rajasthan High Court - Jodhpur
Daudayal Vyas vs Kishanlal Mohta on 14 September, 2022
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 9879/2022
Daudayal Vyas S/o Shri Premratan Vyas, Aged About 57 Years,
By Caste Vyas, Resident Of Tilok Printing Press, Mohta Hospital
Ke Samne Gali, Mohta Chouk, Bikaner.
----Petitioner
Versus
1. Kishanlal Mohta S/o Late Shri Ambadas Mohta, Aged
About 80 Years, By Caste Mohta, Resident Of Mohta
Hospital Ke Samne Gali, Mohta Chouk, Bikaner And
Permanent Address 87-88, Gangour Nagar, Durgesh Palce
Ke Pas, Sriganganagar Through Power Of Attorney Shri
Suresh Mohta S/o Shri Kishanlal Mohta By Caste Mohta,
Aged About 45 Years, Resident Of Mohta Hospital Ke
Samne Gali, Mohta Chouk, Bikaner.
2. Shri Suresh Mohta S/o Shri Kishanlal Mohta, By Caste
Mohta, Resident Of Mohta Hospital Ke Samne Gali, Mohta
Chouk, Bikaner.
----Respondents
For Petitioner(s) : Mr. Govind Suthar
For Respondent(s) : Mr. Virendra Acharya
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
14/09/2022
This writ petition has been filed by the petitioner being
aggrieved with the order dated 04.03.2022 passed by the Rent
Tribunal, Bikaner (for short 'Rent Tribunal') in eviction petition
No.08/2020, whereby the Rent Tribunal has closed the opportunity
of the petitioner to cross examine the landlord.
Learned counsel for the petitioner has submitted that due to
some personal reason the counsel engaged by the petitioner
before the Rent Tribunal, has failed to cross examine the landlord.
(2 of 2) [CW-9879/2022]
Learned counsel for the petitioner has submitted that one last
opportunity may be granted to the petitioner to cross examination
the landlord for which the petitioner is ready to pay reasonable
cost to the landlord.
Learned counsel for the respondent has opposed the writ
petition.
Having heard learned counsel for the parties and after going
through the material available on record, this Court deems it
appropriate to grant one last opportunity to the petitioner to cross
examination the landlord subject to the condition that the
petitioner shall pay a cost of Rs.5000/- to the landlord.
Learned counsel for the petitioner has informed that the
eviction petition is listed before the Rent Tribunal today itself.
In view of the above discussions, this writ petition is
disposed of with the direction to the Rent Tribunal to allow the
petitioner to cross examine the landlord on the next date of
hearing subject to the condition that petitioner shall pay a cost of
Rs.5000/- to the landlord.
It is made clear that if the petitioner fails to pay the cost as
directed above and fails to cross examine the landlord on the next
date of hearing, no further opportunity will be granted to the
petitioner.
Stay petition is also disposed of.
(VIJAY BISHNOI),J
61-mohit/-
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