GOVIND VISHWANATH VARNE Vs. PRABHAKAR VASUDEO REGE

JUDGEMENT

(1.) HEARD. Rule. By consent, the rule is made returnable forthwith.

(2.) THE petitioners challenge the order dated 15th July, 2003 passed by the additional District Judge, Kolhapur, in Regular civil Appeal No. 26 of 2001 rejecting the application filed by the petitioners in relation to the proposed amendment to the written statement.

(3.) IT is the case of the petitioners that the proceedings for eviction of the petitioners from the suit premises were initiated by the respondents on various grounds including the ground of bonafide need of the premises for personal use of the respondents as well as on the ground of default in payment of rent. The trial Court decreed the suit merely on the ground of default in payment of rent. The said decree was sought to be challenged by way of appeal filed by the petitioners before the lower appellate Court. The respondents also filed cross-objection in the said appeal challenging the dismissal of the application in relation to the other grounds on which the eviction of the petitioners was sought for during the pendency of the appeal, and it was revealed that the respondents had let out the premises which were in their possession during the pendency of the suit and parted with the possession thereof by way of lease after the dismissal of the suit to the extent of 310 sq. ft. on the 1st floor and that therefore, the petitioners desired to amend their pleadings by incorporating the said fact which would justify the dismissal of the application for eviction of the petitioners from the suit premises on the ground of bonafide need of the premises for personal use by the respondents. The said application, however, has been dismissed by the lower appellate court by the impugned order, on the ground of absence of evidence in support of the proposed pleadings.