PHOOL CHAND Vs. APPELLATE RENT TRIBUNAL

JUDGEMENT

(1.) IN this writ petition, the petitioner is challenging the order passed by the appellate Rent Tribunal, Bikaner dated 1-9-2007 in Appeal No. 141/2004 and further prayed that application filed by the petitioner before Appellate Rent tribunal under O. 6, R. 17 of C. P. C. for seeking amendment in written statement may kindly be allowed.

(2.) THE facts, inter alia, stated in the writ petition are that an application under S. 9 (i), (j) and (k) of the Rent Control Act, 2001 for eviction of shop situated near Vishwajyoty cinema Street, inside cotgate, Bikaner was filed by late Mohan Lal - father of respondent nos. 2 and 3. The main ground raised by the applicant-Mohanlal that his son hanuman is unemployed and wants to do the business of electric parts. Since he is not having shop to run the said business, as such, while showing bona fide necessity, it was prayed before the Tribunal that eviction decree may be passed. The petitioner-non-applicant filed his written statement in the said eviction suit. The suit was decreed in favour of respondent-plaintiff vide judgment dated 24-9-2004.

(3.) AGAINST the judgment dated 24-9-2004, an appeal was preferred by the petitioner before the Appellate Rent Tribunal, Bikaner. According to the petitioner during pendency of the appeal an important fact came to his knowledge that Hanuman son of Mohanlal present respondent No. 2 has got employment as lower Division Clerk in State Bank of Bikaner and Jaipur, Branch-Godu, tehsil-Kolayat, District Bikaner and he has joined the services, therefore, there remains no bona fide necessity for eviction of said shop.