NAVDURGA TRADING COMPANY Vs. NAZMA BEGAN AND ORS.

JUDGEMENT

(1.) This writ petition is directed against order dt. 26.9.15 of the Rent Tribunal, Bikaner, whereby an application preferred by the petitioner for framing of additional issue in view of amendment of the pleadings, stands rejected. The respondents preferred a petition seeking eviction of the petitioner from a commercial premises, a shop, on the ground of reasonable and bona fide necessity. The petition is being contested by the petitioner by filing a reply thereto.

(2.) The petitioner preferred an application seeking leave to amend the reply stating that during the pendency of the petition, the respondents have let out two shops owned by them, which shows that the requirement of the premises as pleaded is not bona fide. The application preferred seeking amendment of the reply was allowed by the Rent Tribunal vide order dt. 30.7.15. After amendment being allowed as aforesaid, the petitioner preferred an application for framing an issue in respect of the premises let out by the respondents during the pendency of the petition. The application stands rejected by the Rent Tribunal. Hence, this petition.

(3.) Learned counsel appearing for the petitioner submitted that the order impugned passed by the Rent Tribunal in defiance of provisions of Order XIV Rule 5 CPC is not sustainable in the eyes of law. Learned counsel submitted that for complete and effectual adjudication of the dispute, it is absolutely necessary that the issues are framed by the Rent Tribunal. Learned counsel would submit that in view of the additional averments incorporated in the reply, it is absolutely necessary to frame the issues in terms that since the respondents have let out the vacant shops during the pendency of the petition, the requirement of the premises as pleaded by them is not bona fide.