Alok Sharma, J.

Under challenge is the judgment dated 28.7.2009 passed by the Rent Appellate Tribunal, Dholpur, setting-aside the judgment and certificate of possession dated 28.11.2008 passed by the Rent Tribunal, Dholpur and dismissing the petitioner-landlord's (hereinafter 'the landlord') eviction petition.

2. The facts of the case are that on 13.4.2004 original application was filed on behalf of the landlord before the Rent Tribunal, Dholpur seeking eviction of the non applicants-tenants nos. 3 to 8 (hereinafter 'the tenants') for eviction from the tenanted premises, as detailed in para 3 of the application, situated at Rastogi Gali, Lal Bazar, Kothi, Dholpur on the ground of personal and bona fide necessity as also the respondent-tenant (hereinafter 'the tenant') having acquired alternative accommodation adequate for his use.

3. Reply to the eviction petition was filed by some of the LR's of the erstwhile tenant. Proceedings against the remainder were taken ex-parte under the Rent Tribunal's order dated 1.6.2006.

4. On 15.7.2006, the landlord moved an application U/s. 15 of the Rajasthan Rent Control Act, 2001 (hereinafter 'the Act of 2001') seeking amendment of the origina