1. - This petition under Article 227 of the Constitution of India is preferred to question correctness of the judgment dated 21.7.2012 passed by learned Appellate Rent Tribunal, Jodhpur affirming the judgment and certificate for recovery of possession dated 23.4.2010 passed by the Rent Appellate Tribunal in Original Application No.535/2004.

2. The argument advanced by counsel for the petitioner is that the Appellate Rent Tribunal failed to appreciate that earlier a suit was preferred by the respondent landlord on the same grounds for eviction and that came to be dismissed for want of prosecution, as such the principles of res-judicata disentitles the landlord from agitating the same cause under the provisions of Rajasthan Rent Control Act, 2001 (hereinafter referred to as "the Act of 2001"). It is further submitted that both the Tribunals erred while arriving at the conclusion that the petitioner tenant is having adequate alternative accommodation.

3. Heard counsel for the petitioner and also examined the record available.

4. From perusal of the judgment impugned it is apparent that the Tribunal considered the aspect regarding filing of the suit earlier by the landlord and it