OM PRAKASH Vs. RAM VILAS

JUDGEMENT

(1.) By way of this writ petition, the petitioner-tenant seeks to question the order dated 20.04.2006 (Annex.1) passed by the Rent Tribunal, Jodhpur allowing an amendment in the eviction petition and permitting the landlord to correct the rate of rent from Rs.2,000/- per month to Rs.3,000/- per month.

(2.) The learned Tribunal while considering the application for amendment found that in paragraph 3 and 4 of the eviction petition, the rate of rent has been mentioned by the landlord at Rs.3,000/- per month; however, for bonafide error it has been mentioned at Rs.2,000/- per month in the latter paragraph and so also in the affidavit. Finding it to be necessary for the purpose of determining real questions in controversy, the learned Rent Tribunal allowed the amendment by the impugned order.

(3.) Assailing the order dated 20.04.2006 (Annex.1), Mr. S.P. Sharma learned counsel appearing for the petitionertenant has vehemently contended that the rate of rent has been stated at Rs.2,000/- in the affidavit too and since the evidence cannot be amended, the application for amendment could not have been allowed.