KEDAR NATH Vs. PANA DEVI

JUDGEMENT

(1.) THIS a revision application by the defendants against an order of the additional munsif No. 1. Jaipur City, allowing an amendment of the plaint.

(2.) THE defendants are the tenants of a shop which was owned by Smt. Pana Devi respondent No. 1. She filed the present suit for eviction on 6-9-1969 on two grounds. The first, around was that the tenants had committed default in paving rent for six months. The second ground was that they had sub-let e part of the shop without the permission of the landlord. On the first data of hearing the tenants deposited the arrears of rent as required under Section 13 (4) of the rajasthan Premises (Control of Rent and Eviction Act, 1950, and they have been depositing rent month by month since then. Issues were framed on 6-8-1970 and the statement of Smt. Pana Devi was recorded on 1-8-1971. She sold the shop in dispute on 31-8-1971 to Padam Prakash respondent No. 2, who filed an application on 4-10-1971 under Order 22. Rule 10 Civil Procedure Code, for leave to prosecute the suit as a plaintiff. This leave was granted. In the same application he made a prayer for the amendment of the plaint by adding e ground that the shop was bona fide and reasonably required by him for his own use. This amendment was allowed on 22-10-1971. This order allowing the amendment has been challenged before me in this revision application.

(3.) THE revision application was opposed on behalf of Padam Prakash.