Sangeet Lodha, J. - (1.) THIS petition is directed against order dt. 8.7.14 passed by the Appellate Rent Tribunal, Bhilwara, whereby an appeal preferred by the petitioners against the order dt. 8.1.14 passed by the Rent Tribunal, Bhilwara, rejecting an application preferred by the petitioners under Order XXI Rule 97 CPC, resisting the execution of the certificate for recovery of possession issued by the Rent Tribunal, affirmed by the Appellate Rent Tribunal, stands dismissed. The relevant facts are that the first respondent filed a suit for eviction before the civil Court of competent jurisdiction against the tenant, the petitioners' father late Shri Nathulal Parashar, under the provisions of Rajasthan Premises (Control of Rent and Eviction) Act, 1950. However, after coming into force of the Rajasthan Rent Control Act, 2001 (in short 'the Act of 2001'), the suit was withdrawn by the first respondent in terms of provisions of Section 32 of the Act of 2001 with liberty to file petition for eviction under the Act of 2001. The petitioners' father Shri Nathu Lal died and thereafter, the first respondent filed a petition before the Rent Tribunal, Bhilwara under the Act of 2001 impleading the family members of late Shri Nathu Lal, who were ordinarily residing with him upto his death as party respondents. The eviction was sought on the grounds of default in payment of rent, bona fide requirement of the premises, material alteration and availability of suitable premises adequate for the requirement of the tenant. The petitioners herein were not impleaded as party to the proceedings.
(2.) THE petition was contested by the respondents therein by filing a reply taking the stand inter alia that since all the legal heirs of late Shri Nathu Lal have not been impleaded as party respondents, the petition suffers from vice of non joinder of necessary party. On the basis of the pleadings of the parties, the Rent Tribunal framed the issues. The issue framed with regard to maintainability of the suit inter alia on the ground of non joinder of all the legal heirs of late Shri Nathu Lal as party to the proceedings, reads as under:
(3.) THE issue No. 6 framed as aforesaid was decided by the Rent Tribunal in favour of the first respondent and against the respondents therein. The petition for eviction was allowed by the Rent Tribunal on the ground of default in payment of rent and bona fide requirement and accordingly, the certificate for recovery of possession was issued in favour of the first respondent.;