Sangeet Lodha, J.:— This petition is directed against the order dated 10.1.18 passed by the Rent Tribunal, Bhilwara, whereby an application preferred by the petitioner seeking impleadment as party respondent in the matter stands rejected.
2. The respondents No. 1 to 3 preferred a petition seeking eviction of the respondent No. 4 tenant from the commercial premises under Section 9 of the Rajasthan Rent Control Act, 2001. The respondent-tenant has denied the landlord and tenant relationship and averred that he is paying rent to the landlord, the petitioner herein.
3. It has since been settled by this Court by way of various decisions that in the suit for eviction, the question of title over the property is not required to be gone into and only the question regarding landlord and tenant relationship needs to be examined by the Rent Tribunal. The respondent-tenant having denied the landlord tenant relationship, it is for the respondents No. 1 to 3 to establish that there exists relationship of landlord and tenant between them and the respondent No. 4. Obviously, if the respondents No. 1 to 3 fail to establish the landlord and tenant relationship, the petition filed is bound to fail. The petitioner herein, cannot be considered to be a necessary party to the petition.
4. In this view of the matter, the order passed by the Rent Tribunal rejecting the application seeking impleadment does not call for any interference by this Court in exercise of its supervisory jurisdiction under Article 227 of the Constitution of India.
5. The petition is accordingly dismissed.