NIRMALJIT KAUR,J. - (1.) The present writ petition has been filed by the petitioner-tenant challenging the Order and Judgment dated 03.02.2017 passed by the Rent Tribunal, Jodhpur and affirmed by the Rent Appellate Tribunal, Jodhpur vide Order and Judgment dated 27.09.2017 with respect to the Issue No. 2 regarding the bona-fide need of the respondent-landlord. The second prayer of the petitioner-tenant is with regard to the Issue No. 1 seeking a direction to be issued to the Rent Appellate Tribunal, Jodhpur Metropolitan to return a finding with respect to the Issue No.1 regarding the relationship of landlord and tenant, which the Rent Appellate Tribunal has not given in spite of the direction given by the learned Division Bench of this Court vide Order dated 17.10.2016 passed in D.B. Civil Special Appeal (Writ) No. 702/2016 vide which the matter was remanded back to the Rent Tribunal.
(2.) An eviction suit was filed by the respondent-landlord. In the said eviction suit, two issues were framed. Firstly, whether there was relationship of landlord and tenant between the parties and secondly, whether there existed a bona-fide need. The Rent Tribunal, Jodhpur vide its Order and Judgment dated 25.11.2011, decided the first issue in favour of the petitioner-tenant and therefore, dismissed the eviction suit on the said ground. Being aggrieved with the said order, the respondent-landlord challenged the same before the Rent Appellate Tribunal, Jodhpur. The Rent Appellate Tribunal vide its Order and Judgment dated 04.07.2014 set aside the order of the Rent Tribunal, Jodhpur by deciding the Issue No. 1 with respect to the relationship of the landlord and tenant in favour of the respondent-landlord and remanded the matter back to the Rent Tribunal to decide the issue of bona-fide need. The said order of remand was challenged before the learned Single Bench of this Court in S.B. Civil Writ Petition No. 13918/2015. The said writ petition was dismissed vide Order dated 23.08.2016. The petitioner-tenant challenged the same before the learned Division Bench of this Court in D.B. Civil Special Appeal (Writ) No. 702/2016. The learned Division Bench disposed of the appeal with the following direction : 'Any interference with the order of remand by the Appellate Tribunal at this stage will only lead to further litigation without finality to the eviction suit. This observation however cannot be construed as any affirmation of the order of the Appellant Tribunal. Till both the issues are not decided all possibilities remain open. It shall be open for the aggrieved to question the order of the Rent Controller on all issues including the issues with regard to the landlord tenant relationship after the Rent Controller passes any fresh orders. Considering the age of the eviction suit, counsel for the parties are further agreed that the Rent Controller be directed to dispose the suit in accordance with law within a maximum period of six months from the date of receipt and/or presentation of a copy of this order unless the time is extended by the Court. The appeal is disposed with observations."
(3.) Thereafter, the Rent Tribunal recorded the finding with respect to the issue of bona-fide need only and did not go into the issue of relationship between the landlord-tenant as the order of the appellate court and the learned Single Bench was not specifically set aside. The Rent Appellate Tribunal too did not rehear the issue of landlord-tenant relationship as the order of the learned Single Bench on the said issue remained intact. Now, the present writ petition has been filed, inter alia, on the ground that the Rent Tribunal was required to go into the issue of landlord-tenant relationship which he has not done in spite of the observations of the learned Division Bench directing that "this observation however cannot be construed as any affirmation of the order of the Appellate Tribunal" as also the observation that "it was open to both the parties to question the order of the Rent Tribunal on all issues including the issue with regard to the landlord tenant relationship". However, it was incumbent upon the Rent Tribunal to decide the said issue afresh which he has not done. Thus, the order of the learned Single Bench dated 23.08.2016 not having been specifically set aside by the learned Division Bench while remanding the matter back to the Rent Tribunal, the Rent Tribunal and the Rent Appellate Tribunal did not go into the said issue afresh, although, there was a specific direction that all the issue including the issue with regard to the landlord-tenant relationship could be questioned by both the parties.;