1. Instant special appeal is directed against order of the ld. Single Judge dt.04.08.2017.

2. The writ petition came to be preferred by the tenant assailing order dt.01.02.2010 of the Rent Tribunal, Jaipur rejecting application dt.14.12.2009 seeking permission for cross examination of sole witness of the landlord in the eviction proceedings. It may be noticed that the eviction petition came to be filed on manifold ground by the landlord u.Sec.9 of the Rajasthan Rent Control Act, 2001 (the Act of 2001) for eviction of the tenant from the commercial premises in the year 2009.

3. After the written statement came to be filed, issues were framed & at the stage came for recording of evidence, the plaintiff-landlord submitted examination in chief in the form of an affidavit at this stage application came to be filed by the appellant-tenant dt.14.12.2009 seeking permission for cross examination of the witnesses & that came to be rejected by the Tribunal vide its order dt.01.02.2010.

4. At that stage the writ petition came to be preferred against the order dt.01.02.2010 rejecting application granting permission for cross examination of the witnesses while calling upon the respondent-landlord, proceedings pending before the Rent Tribunal in case No.179/09 was kept in abeyance vide order dt.26.02.2010 since then the proceedings which were pending before the Rent Tribunal remains in abeyance because of pendency of the writ petition. It reveals from the record that after passing of the ex parte order dt.26.02.2010, notices have been served & the matter has not seen the light of the day thereafter for 7 years and this is the reason with which the legislature in its wisdom has come with the mandate of law as envisaged u.Sec.15(5) of the Act of 2001 to complete the proceedings within 240 days but by the present mechanism being adopted by the parties the mandate stands frustrated.

5. When the writ petition came up for hearing, the ld. Single Judge on the material available on record, dismissed the writ petition under its order impugned dt.04.08.2017 assigning justification in not permitting the tenant to cross examine the sole witness of the landlord. Although the judgment of Division Bench of this Court in the case of Ram Swaroop v. Charanjeet Singh (2008) 1 WLC (Raj.) 47 and observed that cogent reasons were assigned in not permitting & declining to grant permission to cross examine the witness and the rent proceedings being summary in character, no error has been committed by the Ld. Rent Tribunal in passing of the order dt.01.02.2010.

6. Mr. Amod Kasliwal appearing for the respondent on instructions informs this Court that at one point of time the ld. Tribunal has rejected application of the tenant seeking cross examination of the witness vide order dt.01.02.2010 being confirmed by the ld. Single Judge of this Court under its order impugned dt.04.08.2017 in the given circumstances, the landlord has also not sought any permission to cross examine the witness of the tenant-defendant and further submitted that if this Court is of the view that the order passed by the tribunal dt.01.02.2010 deserves indulgence of this Court and permission is to be granted by the tenant for cross examination of their witnesses at least the indulgence may be granted to the landlord also to cross examine the witness of the tenant, if so advised.

7. We have heard the counsel for the parties and also material on record, taking note of the judgment in (2008) 1 WLC (Raj.) 47, this Court is of the view that Tribunal has committed an error in rejecting the application filed by the tenant-defendant dt.14.12.2009 seeking permission to cross examination in its order dt.01.02.2010 and that needs indulgence of this Court.

8. Consequently, the appeal succeeds & allowed. The order of the Tribunal dt.01.02.2010 passed by the Rent Tribunal and so also the order of the ld. Single Judge dt.04.08.2017 are quashed & set-aside and the appellant is granted permission to cross examine the witness of the landlord in terms of the application dt.14.12.2009 at the same time the landlord-plaintiff is also at liberty to cross examine the witness of tenant, if so advised.

9. Since the matter is pending for longtime, it is expected that the parties may record their presence on the date fixed by the Tribunal i.e. 26.09.2017. The Presiding Officer may decide the pending eviction application expeditiously on priority basis keeping in view the mandate of law as envisaged under Section 15(5) of the Act of 2001.