KAMLA BAJARI Vs. BHANWAR LAL MISTRI

JUDGEMENT

(1.) THIS petition has been filed against the order dt. 05.09.2012 passed by the Additional Civil Judge (Senior Division) Beawar, dismissing an application under Order 6 Rule 17 CPC moved by the petitioner -plaintiff (herein after 'the plaintiff') for amendment of the suit laid by the plaintiff for eviction under the provisions of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter 'the 1950 Act'). The facts of the case are that the plaintiff laid a suit for eviction on the ground of default. On the notice served on defendant -tenant Bhanwar Lal Mistri (now deceased represented by Legal Representatives) (hereinafter referred to 'the tenant') filed written statement, where under the title of the plaintiff as landlord was purportedly denied. Based on denial of title in written statement, the plaintiff sought to amend the suit invoking an additional ground based on denial of title with reference to the 1950 Act. The fact of the matter however is that the 1950 Act has been repealed on 01.04.2003.

(2.) THE trial Court considered the matter and took the view that the plaintiff could not be allowed to amend his suit for eviction and invoke a new ground based on the provisions of the now repealed Act of 1950.

(3.) LEARNED counsel for the petitioner submits that in dismissing the application for amendment, the trial Court has overlooked the provisions of Section 32 of the Rajasthan Rent Control Act, 2001, more particularly the clause 3 of Section 32 which reads as under: -