JAI KRISHAN BASOTRA Vs. SANTOSH GUPTA

JUDGEMENT

(1.) PETITIONER is respondent's tenant in respect of a shop located in the ground floor of a house situated opposite Peer baba Apsra Road, Gandhi Nagar, Jammu. He has been contesting respondent's suit seeking his ejectment from the shop in question inter alia on the ground that the suit shop was reasonably required by her for the use and occupation of her son Akhil Kumar Gupta, who wanted to set up his own business in the shop.

(2.) IT was after the closure of evidence by the parties that the petitioner had filed an application seeking amendment of the written statement introducing two more paragraphs in it. These paragraphs read thus:-

(3.) CALLING in question the trial Court's order of rejecting his application, petitioner has invoked the revisional jurisdiction of this Court seeking setting aside of the impugned order and allowing his application for amendment of the written statement. Appearing in support of the revision petition, mr. Sharma submitted that the subsequent event of respondent's son's opening a Cyber Cafi in his house in an area where commercial activity had been permitted during the pendency of the suit, affects the very sustainability of the suit insofar as it pertained to respondent's personal necessity for use and occupation of the suit shop by her son, in that, respondent's need would cease to exist with her son's starting his business of running a Cyber Cafi; the proposed amendment of the written statement was thus necessary for determining the real question of respondent's personal necessity for the occupation of the shop for her son, in controversy between the parties.