NIRMALJIT KAUR,J. - (1.) The prayer in the present writ petition is for quashing of the Order dated 25.05.2017 passed by the Rent Appellate Tribunal, Jodhpur Metropolitan vide which the application of the petitioner tenant under Section 21(3) of the Rajasthan Rent Control Act, 2001 for appointment of the local commissioner for inspection of the premises in question was rejected.
(2.) A rent petition came to be filed by the respondent-landlord on the grounds of default as well as personal and bona fide necessity. The said rent petition was decreed against the petitioner-tenant on the ground of default. Aggrieved, the petitioner-tenant filed the appeal against the decree of eviction before the Rent Appellate Tribunal, Jodhpur Metropolitan. Thereafter, the petitioner-tenant moved an application under Section 21(3) of the Rajasthan Rent Control Act, 2001 (for short "the Act of 2001" hereinafter) before the Appellate Tribunal for appointment of the Local Commissioner in order to ascertain that the respondent-landlord had four vacant plots i.e. Plot Nos. 17-A, 18, 19-A and 20 and the business of the respondent-landlord is running under the name and style of M/s Jodhpur Tubes since last more than 10 years.
(3.) Reliance is placed by the learned counsel for the petitioner-tenant on the judgment rendered by the Coordinate Bench of this Court in the case of Shanker Lal v. Narbada Shankar and ors. reported in 2010(1) DNJ (Raj.) 343 wherein the Commissioner was appointed to ascertain the status of the mines for the purpose of granting injunction. Similarly, the judgment rendered in the case of Tara Devi (Smt.) v. Rent Tribunal, Ajmer and anr. reported in 2011 (1) DNJ (Raj.) 13 was also referred to drive home the point that the Rent Tribunal is having power to regulate its own procedure which include even appointment of a Commissioner.;