RAVINDRAN Vs. RENT TRIBUNAL, BHILWARA & ANR.

JUDGEMENT

(1.) This writ petition is directed against order dated 27.7.2009 passed by Rent Tribunal, Bhilwara in rent Case 39/2003, whereby an application preferred on behalf of the petitioner-tenant under Order 6, Rule 17 of C.P.C. seeking leave to amend the reply, stands rejected.

(2.) The respondent-landlord filed a petition seeking petitioner's eviction from the premises, a shop, on the ground of reasonable and bona fide necessity of the premises for the purpose of construction of stairs for approaching the second floor of adjoining building purchased by his son and daughter-in-law as also for construction of a big tank for storage of water. That apart, it is pleaded that the part of the premises is required for business of computer hardware to be undertaken by his grand son-Vipul. The petition is being contested by the petitioner-tenant by filing a reply thereto.

(3.) As a matter of fact, the respondent-landlord had preferred the petition being No. 44/2007, for eviction against yet another tenant-Arvind Kumar Dani, occupying the first floor of the premises in question as well inasmuch as for construction of stairs for approaching the second floor of the adjoining building, obviously, the first floor of the premises in question is also required. However, the respondent-landlord entered into a compromise with the tenant occupying the first floor by enhancing the rent. The compromise arrived at between the parties was attested by the Rent Tribunal and the petition, preferred by the respondent-landlord against the tenant-Arvind Kumar Dani stands dismissed as withdrawn vide order dated 14.8.2007. In view of the subsequent event, the petitioner preferred an application seeking leave to amend the reply, which stands rejected by the Rent Tribunal by the order impugned observing that the premises in question and the premises in respect whereof compromise has been arrived at by the respondent-landlord with the tenant being different, the same has no bearing on the dispute between the parties herein. Hence, this petition.