Rajasthan High Court - Jodhpur
M/S. Shri Shiv Shakti Agency vs Vinod Kumar on 27 July, 2010
Author: Govind Mathur
Bench: Govind Mathur
1
SBCivil Writ Petition No.6040/2008
M/s Shri Shiv Shakti Agency
v.
Vinod Kumar
Date of Order :: 22nd July, 2010
HON'BLE MR.JUSTICE GOVIND MATHUR
Mr. Manish Shishodia, for the petitioner.
Mr. DR Bhandari, for the respondents.
....
By order dated 24.7.2008 (Anx.9) the Rent Tribunal, Udaipur rejected an application preferred by the tenant petitioner to call for the income tax returns of the respondent landlord. Learned rent tribunal rejected the application on the count that as per the provisions of Income Tax Act the returns filed by an assessee are privileged documents, thus, those cannot be called for.
The contention of counsel for the petitioner while challenging the order aforesaid is that the documents called for are necessary and relevant documents as the application for eviction is based on personal and bonafide necessity and the landlord also pleaded regarding his poor condition. To meet these facts the income tax returns should have been called for by the rent tribunal.
2
I do not find any merit in the arguments advanced. It is not in dispute that the document sought to be called for are privileged documents and are not open for disclosure. The rent tribunal in these circumstances has not committed any such error while rejecting the application under the order impugned that may warrant interference of this Court while exercising powers under Articles 226 and 227 of the Constitution of India.
The petition for writ is accordingly dismissed.
( GOVIND MATHUR ),J.
kkm/ps.