JANARDAN Vs. GOVIND PRASAD AGARWAL

JUDGEMENT

(1.) This writ petition under Article 227 of the Constitution of India has been filed assailing the legality and validity of the order dtd. 11/3/2022 passed by the learned Rent Tribunal No.2, Jaipur Metropolitan-I whereby, an application filed by the respondents-applicants under Order 6 Rule 17 CPC read with Sec. 21 of the Rajasthan Rent Control Act, 2001 (for brevity, 'the Act of 2001') seeking amendment in the Original Application, has been allowed.

(2.) The facts in brief are that late Govind Prasad Agarwal, father of the respondents no.1/1 to 1/3 and Smt. Renu filed an Original Application seeking eviction of the petitioners/non-applicants from the suit shop on the ground interalia, of their reasonable and bonafide necessity. During its pendency, the applicant no.1, Shri Govind Prasad Agarwal died and his legal representatives, brought on record of respondents no.1/1 to 1/3, moved an application under Order 6 Rule 17 read with Sec. 21 of the Act of 2001 seeking amendment in the application stating therein that the suit shop was required for their business after the death of the respondent no.1 and hence, consequential amendment be permitted. The application has been allowed by the learned Rent Tribunal vide its order dtd. 11/3/2022, subject matter of challenge in the writ petition.

(3.) Learned counsel for the petitioners contended that since, need of only respondent no.1 was pleaded in the original application, after his expiry, the same has come to an end and the respondents no.1/1 to 1/3 could not have been permitted to incorporate their necessity in the suit shop by way of an amendment. He submits that the application has been allowed by the learned Rent Tribunal only on the premise that after death of the respondent no.1, his legal representatives are required to be heard in the matter. He submits that while passing the order impugned, learned Tribunal did not appreciate that the amendment would change nature of the litigation. He, therefore, prays that the writ petition be allowed and the order dtd. 11/3/2022 be quashed and set aside.