Ramswaroop vs Charanjeet Singh And Ors. on 8 August, 2007
In Ramswaroop Vs. Charanjeet Singh (supra) on which the
counsel for the tenant laid emphasis, the Division Bench held that
cross examination of an affiant in the course adjudication of
landlord tenant dispute which is to be tried as a summary trial was
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not a matter of right. Logically, the matter therefore necessarily lies
in the discretion of the Rent Tribunal when an appropriate
application is filed by an applicant seeking to cross examine the
affiant. A mere demand for cross examination does not suffice. The
applicant therefore has to set out good and relevant cause to be
entitled to cross examine an affiant. A perusal of the application filed
by the tenant indicates that it was very cryptic, claiming the right of
cross examination only on the ground of the case set up by the
landlord for the tenant's eviction on ground of material alteration
having been denied in reply to eviction petition. No good cause or in
fact any valid cause to allow the cross examination of the landlord
was made out. Besides the Tribunal has rightly held that the burden
to prove the facts/ ground in support of the eviction petition lay on
the landlord. If he failed to discharge his burden, it would be to his
consequence.