Honble RAFIQ, J.–The petitioner has challenged the order dated 1-4-2006 passed by Rent Tribunal, Kota whereby his application for dismissing the petition filed by the respondent landlord for eviction of the petitioners tenant from their premises on account of personal bona fide was rejected. Application was filed on the ground that the landlord had already earlier filed a suit for eviction against the tenant on the ground of default which was dismissed on 10-4-2003 and appeal there against was pending before this Court.

(2). I have heard Shri Mahesh Sharma, the learned counsel for the petitioner.

(3). Shri Mahesh Sharma, the learned counsel for the petitioners argued that the Rent Tribunal erred in law in not appreciating the provisions of Section 32 (3)(1)(a) of the Rajasthan Rent Control Act, 2001 according to which when already earlier suit / appeal between the landlord and tenant in regard to tenanted premises was pending at the time of enforcement of the Rajasthan Rent Control Act, 2001, (for short- `the Act) the landlord was required to obtain permission of the Court for filing fresh application for eviction under Section 6 and 9 of the Act. In the present case, the landlord in

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