BHAGIRATH Vs. CIVIL JUDGE J D

JUDGEMENT

(1.) THE defendant -petitioner, facing a suit for eviction and recovery of mesne profits as filed by the respondents Nos. 2 to 4, has filed this writ petition against the order dated 22.05.2007 (Annex.5) as passed by the Civil Judge (Junior Division), Merta City rejecting his application seeking to amend the written statement to take the pleadings that for the Rajasthan Rent Control Act, 2001 ('the Act of 2001') having been enacted, the suit for eviction could be maintained only before the Rent Tribunal and eviction could be ordered only on the grounds contained in Section 9 of the Act of 2001.

(2.) THE learned Trial court has rejected the application for amendment with the observations that the suit has been filed under the Transfer of Property Act; and the Act of 2001 has only repealed the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 ('the Act of 1950') and even if the provisions of the Act of 2001 have been applied to the Merta area from 22.02.2006, only the suits filed under the Act of 1950 would be affected and not the present suit filed under the Transfer of Property Act; and that by permitting the amendment, the very nature of the suit would be changed. This writ petition was entertained on 23.07.2007 and notices were ordered to be issued; yet this Court rejected the prayer for stay of further proceedings in the suit with the following order:

(3.) THE plaintiffs -respondents Nos. 2 to 4 have appeared in response to the show cause notice; and learned Counsel for the parties have been heard. Having given a thoughtful consideration to the matter, this Court is clearly of opinion that this writ petition remains meritless and deserves to be dismissed.