JOGENDRA SINGH PAL Vs. OMPRAKASH GUPTA

JUDGEMENT

(1.) This Writ Petition has been preferred by the defendant/Tenant/petitioner Jogendra Singh Pal, a Tenant inducted in the premises owned by the plaintiffs/respondents Omprakash Gupta, Khem Chand Gupta, Radhelal Gupta and Kalicharan Gupta whose application, preferred under Order 16, Rule 1(6) of Civil Procedure Code has been rejected vide Order Dated 12-12-2009 by the 8th Civil Judge, Class-II, Gwalior in Civil Suit No. 48-A/2009.

(2.) The plaintiffs have preferred a suit seeking eviction of the Tenant in terms of the provisions of section 12(l)(a) and (f) of M. P. Accommodation Control Act by demonstrating the personal need of plaintiff/respondent No. 3 and his son for running a business. The plaint allegations were denied by the defendant/Tenant in his Written Statement by advancing the defence that the disputed shop is not actually required for commencing the business as the persons for whom the need has been raised are already running a business of selling Readymade Garments.

(3.) The record reveals that on previous two occasions, the Tenant Jogendra Singh Pal/defendant/petitioner has approached this Court in W.P. No. 5659/2006 and the Landlord in W.P No. 3608/2008 where this Court had granted permission for allowing the amendment application preferred by the defendant/Tenant in terms of Order 6, Rule 17, Civil Procedure Code and subsequently in the plaintiffs' writ petition, this Court has permitted the plaintiffs to produce the evidence in rebuttal.