LABCHAND TANK (DEAD) Vs. RAM LAL BHATIA

JUDGEMENT

(1.) Since both the writ petitions arise out of the same impugned order dated 15.05.2015, passed by the Rent Tribunal, Jaipur Metropolitan, Jaipur, they are being decided by this common order. S.B. Civil Writ Petition No.8785/2015 titled Labchand Tank (dead) through LRs. Vs. Ram Lal Bhatia is taken as the lead case.

(2.) A challenge has been made to the order 15.05.2015, passed by the Rent Tribunal, Jaipur Metropolitan, Jaipur whereby the petitioners-tenant's (hereinafter "tenant") application for amendment of the written statement under Order 6 Rule 17 CPC has been dismissed.

(3.) The facts of the case are that the respondent-landlord (hereinafter "landlord") filed an application under Section 9 of the Rajasthan Rent Control Act, 2001 (hereinafter "the Act of 2001") for eviction of the tenant from a shop situate in House No.251/4, Shanti Path, Rajapark, Jaipur inter alia on the ground that the said shop was required bona fide and reasonably for his son, a LIC agent, to set up an office. Inevitably the eviction petition was opposed with a reply of denial stating that the landlord's son as a LIC agent could not and did not require the tenanted shop for setting up of his office and the requirement was only a sham to have the tenant evicted.