UMMED ALI Vs. SHANKAR LAL

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) The respondents-tenants submitted an application under Sections 23 and 24 of the Rajasthan Rent Control Act, 2001 before the Rent Tribunal with the allegation that their rented premises suffered heavy fire and due to fire have been damaged substantially. The respondents prayed that they may be permitted to repair the premises at the expenses of the petitioner-landlord. That application was allowed by the Rent Tribunal vide order dated 14.10.2009 and the respondents were permitted to do the repair work to the extent of Rs. 67,000/- which is to be adjusted in future rent.

(3.) The petitioner-landlord preferred appeal before the Rent Appellate Tribunal, Balotra against the order dated 14.10.2009. During the pendency of the appeal, the petitioner submitted an application before the Rent Appellate Tribunal seeking permission to amend the original reply filed before the Rent Tribunal to take a ground that since the premises has completely been destroyed on 1.1.2010 due to fire, therefore, now there cannot arise any question of repairing of the shop and the respondents cannot rebuilt the premises in the garb of repairing. The petitioner's said application was rejected by the Rent Appellate Tribunal, Balotra vide order dated 7.4.2010. Hence, this writ petition has been preferred.