RAKESH KUMAR Vs. BAL DHAMODAR AND ORS.

JUDGEMENT

(1.) A challenge in this petition purporting to be both under Article 226 and 227 of the Constitution of India has been made to the judgment 3.11.2014 passed by the Appellate Rent Tribunal, Ajmer in appeal No. 32/2008 confirming the judgment Dt. 25.8.2008 passed by the Rent Tribunal, Ajmer in eviction petition No. 18/2014 whereby the respondent applicant landlord's (hereinafter 'the applicant landlord') application under Sec. 9 of the Rajasthan Rent Control Act, 2001 (hereinafter 'the Act of 2001') filed on the ground of bona fide and reasonable necessity was allowed. The petitioner non -applicant tenant (hereinafter 'the non -applicant tenant') was directed to be evicted from the tenanted premises and a certificate of possession in respect thereof was issued to the applicant landlord. The only argument advanced by the counsel for the non -applicant tenant, now the petitioner before this Court in this petition was that the eviction petition as laid by the applicant landlord against the non -applicant tenant Rakesh Kumar to the exclusion of the other legal heirs of the erstwhile tenant Harak Chand i.e. Prem Chand, Vimal Chand and Milap chand his other sons as also his daughters was had for non -joinder of necessary parties and hence liable to be dismissed. It has been submitted that the Rent Tribunal as also the Appellate Rent Tribunal erred in side -tracking the aforesaid objection going to the root of the matter.

(2.) HEARD the counsel for the non -applicant tenant and perused the impugned judgments passed by the Rent Tribunal and the Appellate Rent Tribunal.

(3.) IN my considered opinion in view of the admission of the non -applicant tenant himself, a defence to the eviction petition based on non -impleadment of other legal heirs of the deceased Harak Chand was/is not sustainable. Aside of the aforesaid this petition has not been filed by other legal heir of the erstwhile tenant Harak Chand (now deceased) but by the non -applicant tenant Rakesh Kumar who was impleaded as a non -applicant before the Rent Tribunal in the eviction petition. If the other legal heirs of erstwhile tenant Harak Chand had any cause of action for reasons of their alleged non -impleadment despite their purported rights to tenancy, it was for them to approach the Court. The judgments of the Rent Tribunal and the Appellate Rent Tribunal cannot be set aside on the ground agitated.