CW 10271/08 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.10271/2008 Hamid Khan & Ors Versus Parikshit & Ors. Date of Order ::: 23/03/09 Hon'ble Mr. Justice Ajay Rastogi Mr. Mohit Gupta, for petitioners Instant petition has been filed by petitioner (defendant) assailing order dt. 20/08/08 (Ann.6) passed by Rent Tribunal, Alwar whereby application dt.31/03/08 (Ann.2) U/O 1, Rr.9 & 10(2) read with S.151, CPC, was dismissed. Respondent No.1 filed suit seeking eviction on the ground of material alteration and personal necessity before the Tribunal U/s 9 of Rajasthan Rent Control Act, 2001 (“Rent Act”), inter-alia averring in the plaint that after death of his father Raghuvir Singh, there was family settlement arrived at between the parties and the suit premise was required for personal necessity of his son, Jitendra Singh. However, initially, petitioner-defendant filed application U/s 21 of Rent Act read with O.14, R.5,CPC with the prayer that in absence of other alleged co- sharers of suit premise being impleaded, plaintiff's suit was not maintainable; which was dismissed by the Tribunal vide order dt.28/08/06 (Ann.5). CW 10271/08 //2// However, petitioner thereafter filed fresh application U/O. 1, R.9 & 10(2) read with S.151, CPC, almost on the same premise that in absence of daughters of deceased Raghuvir Singh who are allegedly co-sharers in suit premises, being impleaded as plaintiff, suit cannot proceed. The Tribunal vide order dt.28/08/06 observed that the suit ha been filed for eviction,where relationship of landlord & tenant has to be examined and there was no issue raised in regard to share of alleged legal heirs in suit premise among family members of landlord being co-sharers, if any. Taking note whereof, later application was also rejected vide order dt. 20/08/08 (Ann.6). This court has gone through order impugned and does not find any manifest error which may call for interference. Consequently, writ petition fails and is hereby dismissed. (Ajay Rastogi), J. K.Khatri/p.2/10271CW08Mar23Rnt.doc