LAXMAN DAS Vs. RAM KARAN HEDA

JUDGEMENT

(1.) This writ petition under Article 227 of the Constitution of India is directed against the order dtd. 6/1/2022 passed by the learned Rent Tribunal, Beawar, District Ajmer whereby, an application filed by the petitioner/non-applicant/tenant under Order 6 Rule 17 CPC, has been dismissed.

(2.) The facts in brief are that the respondent/applicant filed an eviction application against the petitioner under Sec. 9 of Rajasthan Rent Control Act 2001 (for brevity, "the Act of 2001") seeking eviction on the ground of reasonable and bonafide necessity. The petitioner filed his reply to the application on 14/6/2018. After commencement of trial, he moved an application under Order 6 Rule 17 CPC seeking an amendment in the reply incorporating the facts that he has deposited a sum of Rs.9.00 lacs as security with the respondent at the time of taking premises on rent, the premises were not required by the petitioner as per his statement, no rent was due and the respondent has other properties available to him. The application has been dismissed by the learned Rent Tribunal vide its order dtd. 6/1/2022, impugned herein.

(3.) Learned counsel for the petitioner, drawing attention of this Court towards the cross-examination of the respondent-Ramkaran Heda (PW1), submitted that he has admitted therein that certain amount was deposited by the petitioner with him which was not returned by him and no rent was due. He submitted that since these facts were revealed during the cross examination of the respondent, the learned Rent Tribunal erred in dismissing the application seeking amendment on the premise that no reason was assigned for not incorporating these facts in his reply. He, therefore, prayed that the writ petition be allowed and the order impugned dtd. 6/1/2022 be quashed and set aside. Heard. Considered.