ASHOK SINDHI Vs. PREM KUMARI AND ORS.

JUDGEMENT

(1.) This petition is directed against order dt. 18.5.15 passed by the Rent Tribunal, Udaipur in Rent Case No. 1120/14, whereby an application preferred on behalf of the petitioner -tenant under Sec. 21(3) of Rajasthan Rent Control Act, 2001 (for short "the Act") read with Order VI Rule 17 of CPC, seeking leave to amend the reply, stands rejected. Smt. Prem Kumari (since deceased) filed a petition seeking petitioner's eviction from the premises consisting of two shops, on the ground of reasonable and bona fide necessity for her grand sons, Manish and Rahul in terms of the provisions of Sec. 9(i) of the Act. The petition is being contested by the petitioner by filing a reply thereto. The evidence of the parties stands concluded and the matter is fixed for final arguments.

(2.) At this stage, the petitioner preferred an application seeking leave to amend the reply stating that during the pendency of the petition, the respondent's son Bhagwat Singh has expired and therefore, the house situated at Bhopalpura wherein Bhagwat Singh was residing with his wife is available to the respondent's grand sons, Rahul for their residence as also for their professional work and therefore, bona fide necessity as pleaded does not survive.

(3.) The application was contested by the respondent by filing a reply thereto. The stand of the respondent is that the premises in question occupied by Bhagwat Singh is a residential building, which cannot be used for commercial purpose and therefore, the bona fide necessity, as pleaded, does not stand eclipsed.