Mohammad Rafiq, J. - (1.) Transport Corporation of India, petitioner herein, has approached this court assailing judgment dated 14.07.2011 passed by learned Rent Tribunal, Ajmer, in Original Application No. 111/2007 and judgment dated 18.06.2014 passed by learned Appellate Rent Tribunal in Rent Appeal No. 21/2011. The Rent Tribunal, by aforesaid judgment directed eviction of tenant -petitioners from the rented premise of landlord -respondent. The Appellate Rent Tribunal, while dismissing appeal of tenant -petitioners, upheld judgment of the Rent Tribunal.
(2.) Landlord -respondent filed Original Application on 05.07.2007 under Ss. 3(10) and 18 of the Rajasthan Rent Control Act, 2001 before the Rent Tribunal, Ajmer, against tenant -petitioners contending that since tenant -petitioner - Transport Corporation of India (hereinafter referred to as 'tenant -petitioner') is having paid -up capital of more than one crore, it could be evicted from the rented premise on determination of tenancy after serving notice under Sec. 106 of the Transport of Property Act, 1882 (for short, 'the TP Act'). Landlord -respondent served notice under Sec. 106 of the TP Act on tenant -petitioner and thus determined the contract of tenancy. Despite receipt of notice, tenant -petitioner did not handover vacant possession of rented premise. Prayer was made in Original Application for recovery of possession and direction to tenant -petitioner to vacate the rented premise.
(3.) Tenant -petitioner contested original application by filing reply thereto. It was averred that valid notice under Sec. 106 of the TP Act has not been served at registered office of tenant -petitioner, which is public limited company, and landlord -respondent did not implead the public limited company as party respondent through its registered office. The Rent Tribunal allowed original application and directed tenant -petitioner to handover vacant possession of rented premise within a period of six months. The Appellate Rent Tribunal, while dismissing appeal filed by tenant -petitioner, has maintained judgment of the Rent Tribunal. Hence this writ petition challenging both the judgments.;