MAHESHKANT MULJIBHAI MAKAWANA Vs. RAMKRISHNA MANGILAL DALYA

JUDGEMENT

(1.) The Petitioner has challenged the impugned order dated 17/06/2008 passed by the District Judge-I, Ichalkaranji whereby allowing the Revision Application filed by the original plaintiff, quashed and set aside the order (partly rejected) passed by the learned Civil Judge, Junior Division, Ichalkaranji, thereby allowed the prayer of the Respondents to amend the plaint by holding that the Revision is tenable under the Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947 (for short,"the Bombay Rent Act").

(2.) I have already taken a view in Writ Petition No.5435 of 2008 (Abeda Iqbal Karbhari alias Abeda Iqbal Patel Vs. Cormorant Investment Pvt. Ltd.) decided on 10/12/2008, that such Revision is maintainable by observing as under:-

(3.) The amendment of the landlord to claim possession of the property, as observed, is necessary for the purpose of settling the question /controversy between the parties at earliest and as it is not different and inconsistent, in view of this there is no reason to interfere with the impugned order. The Court has awarded the costs also. The said order is within the framework of law and the record. There is no perversity.