Rajasthan High Court: Affidavits Under Section 15(3) Rajasthan Rent Control Act are Directory, Not Mandatory

The Rajasthan High Court held that it is not mandatory for a tenant to submit affidavits along with their reply under Section 15(3) of the Rajasthan Rent Control Act, 2001.

The Court clarified that the use of the word “may” in the provision indicates discretion, not compulsion.

The case involved a tenant’s failure to submit supporting affidavits with their reply, leading to an adverse order by the Rent Tribunal. 

The High Court overturned that decision, emphasizing that affidavits are not a statutory requirement under the said provision and that procedural flexibility must be observed in such matters. (Shankar Lal v Jugal Kishore & Ors.)