JUDGMENT

Sangeet Lodha, J. - The legal questions that fall for our determination in this reference made by the Division Bench of this Court read as under:

"I) Whether the appeal against the judgement of the Single Bench, reversing/upholding the judgement of the Appellate Rent Tribunal and/or the Rent Tribunal, would be maintainable before the Division Bench of this court under Rule 134 of the Rajasthan High Court Rules of 1952?

II) Whether the writ petition filed against the judgement of the Appellate Rent Tribunal and the Rent Tribunal by very nature of the dispute, would be considered to have been filed under Article 227 of the Constitution of India, irrespective of invocation of Article 226 of the Constitution of India in the pleadings?"

2. The Background facts giving rise to the legal issues may be summarized thus: The appellant-Mahendra Kumar Jain is a tenant since 10.10.2001 in commercial premises i.e. two shops situated at Sardar Patel Marg, Ajmer, owned by the landlord-Smt. Shail Bhargava and others, the respondent nos. 3 to 6 herein. The respondent-landlord filed a petition under Section 9 of the RAJASTHAN RENT CONTROL ACT , 2001 ("the Act of 2001") before the Rent Tribunal,