SUBHASH JAIN Vs. PUSHPA SHRIVASTAVA

JUDGEMENT

(1.) THIS is a civil revision challenging legality and propriety of the order dated 5-10-2007 passed by the Rent Controlling Authority, Raipur in Case No. 08-90(8) year 2004-05, whereby learned Rent Controlling Authority has passed the order of eviction under Section 23A of the Chhattisgarh Accommodation Control Act, 1961 (for short 'the Act') on the ground of bona fide need of the non-applicant.

(2.) ORDER is challenged on the ground that learned Rent Controlling Authority has illegally rejected the amendment application of the applicant and passed the order of eviction without any bona fide need of the non-applicant and has exceeded the jurisdiction vested on it.

(3.) LEARNED Counsel for the applicant argued that the present non-applicant is not landlord of the suit premises and by family arrangement she has relinquished her share and her son is landlord, therefore, the application for eviction in the present form is not maintainable. The present applicant has filed application for amendment before the Court below for bringing new additional facts on record, but the same was illegally dismissed by the Rent Controlling Authority which has caused serious prejudice to the applicant. The non-applicant has not filed any document or has not adduced any evidence to show that she is not in a position to reside in first floor and she has also failed to adduce evidence that no alternate vacant accommodation is available to her to satisfy her bona fide need. LEARNED Counsel placed reliance in the matter of Baldev Singh and Ors. v. Manohar Singh and Anr. : (2006) 6 SCC 498 in which it has been held by the Apex Court that the Court has a wide power and unfettered discretion to allow amendment of pleadings in such manner and on such terms as it appears to Court to be just and proper. LEARNED Counsel further placed reliance in the matter of Bollepanda P. Poonacha and Anr. v. K.M. Madapa : AIR 2008 SC 2003 in which it has been held by the Apex Court that the Court has power to permit the parties to take additional pleas by way of amendment.