RAMPRATAP BHANWARLAL COMPANY Vs. NEHA BINDAL

JUDGEMENT

(1.) This writ petition under Article 227 of the Constitution of India has been filed by the petitioners/Non-Applicants/Tenants against the order dtd. 29/7/2021 passed by the learned Rent Tribunal, Ajmer in Rent case on 128/2018 whereby an application filed by the petitioners under 21(3) of the Rajasthan Rent Control Act, 2001 (for brevity, 'the Act of 2001') read with Order 6 Rule 17 CPC seeking amendment in their reply, has been dismissed.

(2.) The facts in brief are that the respondent-landlord filed an eviction application against the petitioners in the year 2018 on the ground of reasonable and bonafide necessity of her husband Shri Lokesh Bindal for the suit shop for running a readymade clothes business. It was averred therein that the suit shop is situated in the main market and was suitable for the business. After commencement of trial, the petitioners filed an application under Sec. 21(3) of the Act of 2001 read with Order 6 Rule 17 CPC seeking amendment in the reply for incorporating three subsequent events. The application has been dismissed by the learned Rent Tribunal vide order dtd. 29/7/2021, impugned herein.

(3.) During course of arguments, learned counsel for the petitioners confined his submission qua one subsequent event only, i.e., acquisition of alternative accommodation by the respondent on account of death of her mother-in-law, Smt. Rajni Devi Bindal on 28/12/2020. Learned counsel submitted that the learned Tribunal erred in adjudging the issue of reasonable and bonafide necessity itself at the time of deciding the application seeking amendment by holding that the same is not completely obliterated by this subsequent development. He asserted that the learned Tribunal further erred in appreciating merits of the amendment sought which is impermissible at this stage. He contended that the matter was fixed for cross-examination of the respondent and hence, the amendment sought should have been allowed. He submitted that the judgments relied upon by the learned Rent Tribunal pertained to appellate stage wherein reasonable and bonafide necessity of the landlord already stood established and hence, their application could not have been dismissed relying upon such judgments. He, therefore, prays that the order impugned dtd. 29/7/2021 be quashed and set aside and the amendment sought be permitted. He, in support of his submissions, relies upon two judgments of this Court in cases of Abdul Razzak vs. The Rent Tribunal, Jodhpur & Ors.: 2015 WLC (Raj.) UC 88 and Laxmi Narayan Kansara vs. Tejpal: 2019(2) WLC (Raj.) UC 102.