Search Results Page

Search Results

1 - 2 of 2 (0.43 seconds)

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 4 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.
Rajasthan High Court - Jaipur Cites 14 - Cited by 12 - R M Lodha - Full Document
1