- (1.) This writ petition has been filed under Article 227 of the Constitution of India against the order dated 10.01.2020 passed by the learned Rent Tribunal, Jhunjhunu allowing the Eviction Petition No.4/2016 filed by the respondent-applicant under Section 18 read with Section 21 of the Rajasthan Rent Control Act,2001 (for short "the Act of 2001") against the petitioner-non-applicant.
(2.) A preliminary objection as to maintainability of the writ petition has been raised by the respondent inasmuch as, an appeal lies under Section 19 of the Act of 2001 before the Appellate Rent Tribunal against the order passed by the Rent Tribunal.
(3.) Replying the preliminary objection, it is contended by the learned counsel for the petitioner that the respondent has filed application before the learned Rent Tribunal, Jhunjhunu (Rent Tribunal) under Section 18 and 21 of the Act of 2001 and hence, relying upon the provisions of Section 19(7), he contended that appeal is not maintainable before the Appellate Rent Tribunal and the impugned order could have been assailed before this Court under Article 227 of the Constitution of India only. He submitted that appeal under Section 19 would lay only if the eviction order has been passed by the learned Rent Tribunal under Section 9 of the Act of 2001 and not otherwise.;