HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Civil Writ Petition No. 19187 / 2017

Suresh Kumar @ Sheerumal Son of Late Shri Falgunmal, by Caste Sindhi, Aged About 40 Years, Resident of 166/17, Near Kasturi Sadi Wali Gali, Old Mandi, Ajmer.

----Petitioner

Versus

Ram Chandra Son of Sheetaldas, by Caste Sindhi, Aged About 55 Years, Resident of Gali No. 2, Plot No. 12, Foisagar Road, Hanuman Nagar, District Ajmer.

_____________________________________________________

----Respondent

For Petitioner(s) : Mr. Ashish Saini

HON'BLE MR. JUSTICE ALOK SHARMA

_____________________________________________________

Judgment

03/11/2017

By the impugned order dated 12.9.2017, the Rent Tribunal, Ajmer has dismissed the application filed by the petitioner-landlord (hereafter 'landlord') for appointment of a Commissioner for making local inspection of the tenanted property and report on its condition.

Counsel for the landlord submitted that the Rent Tribunal ought to have appointed the Commissioner as prayed for, for the reason that his report would have been supportive of the landlord's case that the tenanted premises were in dilapidated condition and unfit for human habitation for reason of which they were required to be vacated and the respondent – tenant evicted.

There is no force in the contention of the counsel for the tenant. By the impugned order dated 12.9.2017, the Rent Tribunal rightly held that the condition of the tenanted premises being unfit for human habitation, agitated as ground by the landlord for the tenant's eviction was the matter of evidence, the burden of which was on the landlord having so asserted in his eviction petition. The provision for appointment of the local commissioner analogous to Order 26 Rule 9 CPC is not for the purposes of collection of evidence for benefit of either of the contesting parties before the Rent Tribunal.

There is no force in the petition. It is accordingly

dismissed.

Dk

(ALOK SHARMA) J.