LAXMI CYCLE Vs. SUBHU KUMAR JAIN

JUDGEMENT

(1.) Heard. The petitioner/tenant/non-applicant has filed this petition under Article 227 of the Constitution of India being aggrieved by the order dated 11/3/2013 passed by the Rent Controlling Authority, Katni in Rent Case No. 1/A-90(7)/06-07 whereby the application of the petitioner filed under Order 6 Rule 17 of CPC to incorporate some amendment in the original written statement to plead information regarding requisition of alternate accommodation for the alleged need by the daughter-in-law of the respondent has been dismissed.

(2.) Petitioner's counsel after taking me throw (sic:through) the averments of the petition along with papers placed on record and the impugned order argued that the impugned case has been filed by the respondent under Section 23-A of the M.P. Accommodation Control Act for the bona fide genuine requirement of the disputed accommodation for his daughter-in- law to open Clinic for her profession and on written statement of the petitioner such need has been denied; In additional pleading it is also stated that some alternate accommodation of his own for the alleged need is available in the same town with the respondent and in such premises prayer for dismissal of the rent case was made. In continuation, he said that in pendency of this petition, daughter-in-law of the respondent namely Swati Jain has acquired her own accommodation for the alleged need through registered sale deed dated 16th June, 2011 (Annexure-P/2) and in such premises if there was any need of the respondent, the same has come to an end.

(3.) Such pleading being related to the alternative accommodation of the respondent was necessary in the written statement. Because of no accountant explanation in this regard has been put forth by the respondent in his application filed under Section 23-A of the aforesaid Act. It is settled principle of law that during pendency of the suit if any accommodation which may be considered as an alternative available accommodation for the landlord with respect of the alleged need and the particulars of the same are not supplied on the record by the landlord, then tenant should be permitted to amend his pleadings accordingly in the written statement. In such premises, he said that the impugned order being contrary to the existing legal preposition deserves to be set aside by allowing this petition.