CHAKRESHWARI CONSTRUCTION PVT. LTD. Vs. MANOHAR LAL

JUDGEMENT

(1.) The petitioner-landlord (hereinafter 'the landlord') challenges the order dated 26-2-2014 passed by the Additional Civil Judge (Senior Division) and Additional Chief Metropolitan Magistrate No.5, Jaipur Metropolitan cum Rent Tribunal Jaipur Metropolitan (hereinafter 'the Tribunal') dismissing landlord's application under Order 6 Rule 17 CPC for amendment of the eviction petition.

(2.) Heard learned counsel for the parties and perused the impugned orders dated 26-2-2014 passed by the Tribunal.

(3.) An eviction petition under the Rent Control Act, 2001 (hereinafter 'the 2001 Act') was filed by the landlord against the non applicant-tenant (hereinafter 'the tenant') inter alia on the ground of the tenant having acquired alternate accommodation adequate for his requirement. It was averred in the eviction petition that the tenant had acquired a shop at Loha Mandi, Sansar Chandra Road, Jaipur, where from he was engaged in business in the name and style of Virat Iron Store and was therefore liable to be evicted. Reply to eviction petition was filed in the year 2008 specifically denying that the tenant was carrying on any business in the name and style of Virat Iron Store. On the basis of pleadings of the parties issues were framed, evidence was recorded and the matter was fixed for final arguments.