ABDUL HAMEED Vs. THE RENT TRIBUNAL

JUDGEMENT

(1.) THIS writ petition is directed against order dt. 8.1.14 passed by the Rent Tribunal, Jodhpur Metropolitan City in Rent Case No. 748/12 (old No. 204/11), whereby an application preferred on behalf of the petitioner -tenant under Order VI Rule 17 of CPC seeking leave to amend the reply, stands rejected. The respondent filed a petition seeking petitioner's eviction from the rented premises, a shop, on the ground of bona fide necessity of his grand son. It is averred in the petition that the respondent's grand son after completion of his course of Chartered Accountancy, intends to set up his office in the premises sought to be vacated.

(2.) THE petition is being contested by the petitioner taking the stand that sufficient alternative accommodation is available with the landlord for setting up the office for his grand son, if so required. That apart, the stand taken is that the premises in question is situated on the way from Sojati Gate to Tripoliya Market, which is very busy and congested market road and even no vehicle could be parked there for a moment and therefore, the premises in question is not suitable for setting up of office of the Chartered Accountant (C.A.).

(3.) THE application was contested by the respondent -landlord by filing a counter thereto wherein, the averments made in the application were specifically denied. It was contended that the application preferred by the petitioner is only a delaying tactics adopted and therefore, the same deserves to be dismissed.