SANGEET LODHA,J. - (1.) This petition is directed against order dated 1.12.15 passed by the Appellate Rent Tribunal, Churu, whereby an application preferred by the petitioner under Section 21(3) of Rajasthan Rent Control Act, 2001 (for short "the Act") to appoint Commissioner for local investigation, stands rejected.
(2.) The petitioner preferred a petition seeking eviction of the respondent from the rented premises inter alia on the ground of material alteration. The petitioner alleged that at the time of letting out of the premises, there was a chabutara covered by tin shed but the same was removed by the respondent and the place covered by the chabutara was included in the shop by putting shutter.
(3.) After completion of the evidence of the parties, the petitioner preferred an application before the Rent Tribunal for appointment of the Commissioner for site inspection. The application was rejected by the Rent Tribunal vide order dated 12.12.13. The legality of the said order was questioned by the petitioner by way of writ petition before this court, however, before the decision of the writ petition, the rent petition was decided by the Rent Tribunal and therefore, the petitioner withdrew the writ petition with liberty to raise the issue in this regard before the Appellate Rent Tribunal.;