MOHANLAL BHAGWANDAS Vs. ISHWARLAL AMBARAM

JUDGEMENT

(1.) The petitioner is a tenant. The landlord had filed a suit i.e. Regular Civil Suit No.272 of 1984 before the learned Additional Small Causes Court, Surat. During the pendency of the said suit, plaintiff had sought an amendment that petitioner tenant had acquired suitable alternate accommodation and therefore, the plaintiff is entitled to obtain vacant possession of the suit premises on the ground of Section 13(1)(l) of the Bombay Rent Act. Then after the evidence was led by the parties and at the stage of final hearing, the plaintiff moved an application for amendment, whereby the plaintiff sought to introduce the ground of nonuser and had prayed for eviction of the suit premises on the additional ground of non-user i.e. Section 13(1)(k) of the Act. The said amendment was allowed by the trial court. Hence, the present petition.

(2.) Heard learned advocate Mr.Mrugen Purohit for the petitioner and learned advocate Ms.K.J.Brahmbhatt for the respondent.

(3.) This Court on 16.3.2009, while admitting the present petition, has passed the following order :