JUDGMENT 1. - By the instant Writ Petition under Art. 226 of the Constitution of India, the impugned order Annx. 7 dated 21.09.2007 passed by the respondent No.2 Rent Tribunal, Nagaur, has been challenged by the petitioner-landlord. 2. The petitioner filed an application under Sec . 9 of the Rajasthan Rent Control Act, 2001 (for short, "the Act 2001" hereinafter) against the respondent-tenant supported by an affidavit and the documents as envisaged under Sec. 15 of the Act, 2001. A reply to the application supported by an affidavit of the respondent-tenant has been filed. However, thereafter the respondent-tenant moved an application before the Rent Tribunal staling therein that his statement and examination-in-chief may be recorded. That application came to be allowed by the impugned order Annx.7. Hence this writ petition. 3. Heard learned counsel for the parties and perused the order impugned. 4. The respondent-tenant wishes to make statement in examination-in-chief what has been stated by him in the affidavit filed by him along with the reply as evidence, including exhibiting the documents and the notice Ex.1. There being nothing new to be staled in the examination-in-chief. Even otherwise, the respondent cannot be permitted to make statement in chief beyond or more than that he stated on oath in the affidavit. If, permitted to make such a statement by way of recording his evidence examination-in-chief, after closure of evidence of petitioner-landlord, the case of the petitioner would be prejudiced to the effect that the petitioner would not be in a position to rebut the same and, therefore, the respondent-tenant cannot be permitted to make any new statement than one he has made on the affidavit since the provisions of Section 15 of the Act, 2001 are very clear in this regard, which reads as under:- "Section 15. Procedure for eviction of tenant.-(1) The landlord or any person claiming possession shall file a petition before the Rent Tribunal and such petition shall be accompanied by affidavits and documents, if any, upon which landlord or person claiming possession wants to rely. (2) The Rent Tribunal, upon filing of petition under sub-Section (1) shall issue notice accompanied by copies of petition, affidavit and documents, if any fixing a date not later than thirty days from the date of issue of notice requiring the tenant to submit reply accompanied by affidavits and documents, if any, on which the tenant relics. (2) The Rent Tribunal, upon filing of petition under sub-Section (1) shall issue notice accompanied by copies of petition, affidavit and documents, if any fixing a date not later than thirty days from the date of issue of notice requiring the tenant to submit reply accompanied by affidavits and documents, if any, on which the tenant relics. The service of notice shall be effected through process server of the Tribunal or Civil Court as well as by registered post, acknowledgement due Notice duly served by any of these methods shall be treated as sufficient service. (3) The tenant may submit his reply, affidavits and documents after serving the copies of the same to the petitioner, within a period not exceeding forty five days from the date of service of notice. (4) The petitioner may thereafter file rejoinder, if any, after serving copy to the opposite party, within a period of thirty days from the date of service of reply. (5) The Rent Tribunal shall thereafter fix a date of hearing which shall not be later than one hundred and eighty days from the date of service of notice on the tenant. The petition shall be disposed of within a period of two hundred and forty days from the date of service of notice on the tenant. (6) The Rent Tribunal during the course of such hearing may hold such summary inquiry as it deems necessary and decide the petition. The Rent Tribunal may also make efforts for conciliation or settlement of dispute between the parties. (7) Where the Rent Tribunal decides the petition in favour of the landlord, it shall issue a certificate of recovery of possession from the tenant. (8) The certificate issued under Sub-section (7) shall not be executable for a period of three months from the date of decision: Provided that in case of premises let out for commercial use such certificate shall not be executable for a period of six months from the date of decision." 5. In view of the provisions of Sub-section (3) of Section 15 of the Act, 2001, the trial Court was not justified in permitting the respondent-tenant to make statement in examination-in-chief. Any thing if the respondent-tenant is to state, he may state when he is subjected to cross-examination by the petitioner-landlord. 6. Consequently, the writ petition is allowed. In view of the provisions of Sub-section (3) of Section 15 of the Act, 2001, the trial Court was not justified in permitting the respondent-tenant to make statement in examination-in-chief. Any thing if the respondent-tenant is to state, he may state when he is subjected to cross-examination by the petitioner-landlord. 6. Consequently, the writ petition is allowed. The impugned order dated Annx.7 dated 21.09.2007 passed by the Rent Tribunal is set aside. There shall be no order as to costs.Writ Petition Allowed. *******