JUDGMENT :

Mahendar Kumar Goyal, J. - This writ petition under Article 227 of the Constitution of India has been filed assailing the legality and validity of the order dated 08.09.2020 passed by the learned Appellate Rent Tribunal (District Judge), Jhunjhunu, (Rajasthan) (for brevity "the learned Appellate Rent Tribunal") in Civil Regular Appeal No.23/2020 (CIS No.04/2020) whereby, an application filed by the petitioner/tenant (hereinafter referred to as "the tenant") under Order 26 Rule 9 CPC read with Section 21 of the Rajasthan Land Control Act, 2001 (for short "the Act of 2001"), has been dismissed.

2. The relevant facts in brief are that the original application filed by the respondent No.1/landlord (for brevity "the landlord") under Section 9 of the Act of 2001 seeking eviction of the tenant on the grounds of reasonable and bona fide necessity as also material alteration, came to be allowed by the Rent Tribunal, Jhunjhunu vide final order dated 17.02.2020 where against, the tenant filed an appeal which is pending consideration in the learned Appellate Rent Tribunal. Therein, the tenant moved an application under Order 26 Rule 9 CPC read with Section 21 of the Act of 2001 seekin