UMESH KUMAR SINGHAL Vs. CHANDRAKALA GUPTA

JUDGEMENT

(1.) THIS revision application under Section 23 -E of the M.P. Accommodation Control Act, 1961 (in short the Act) has been filed by the tenant against the impugned order dated 12.10.2012, passed by the learned Rent Controlling Authority, Bhopal whereby the application of applicant/tenant to amend the written statement has been rejected.

(2.) ON bare perusal of the amendment application, this court finds that on being learnt by the applicant/tenant that the sons of the respondent are carrying on their own business in the shop, which were owned by them and thus the proposed amendment is bonafide and during the course of the trial, when these facts were came into the knowledge of the tenant, necessary application has been filed.

(3.) ON the other hand, Shri Shroti, learned counsel for the landlord/respondent argued in support of the impugned order and submitted that after the closure of plaintiff's evidence, the instant application has been moved to amend the written statement, which is exfaci malafide and has been filed with an ulterior motive, so that the trial may be delayed. At the time of consideration of amendment application, the merit of the amendment cannot be considered. The contention of the learned counsel for the respondent is that after recording of the evidence of the plaintiff, the cross -examination is yet to be made. Since I am of the view that the proposed amendment goes to the route of the matter as it reflects the bonafide need of the plaintiff, who has filed eviction application before the Rent Controlling Authority, therefore, the amendment application deserves to be allowed. The order passed by the Rent Controlling Authority is hereby set aside and the application to amend the written statement filed on behalf of the applicant/tenant stands allowed on payment of cost of Rs.1,000/ -. Let the cost be deposited before the Rent Controlling Authority on or before 28.02.2013. The plaintiff/respondent shall be free to file an application to amend the eviction application in view of the fact that the application for amendment of defendant/tenant is allowed.