BHAGVANDAS Vs. HEERA DEVI

JUDGEMENT

(1.) This writ petition is directed against order dtd. 1/8/19 passed by Appellate Rent Tribunal, Jodhpur Metropolitan, in Rent Appeal No.51/18, whereby an application preferred on behalf of the petitioners-tenant under Order VI Rule 17 CPC, seeking leave to amend the reply to the petition, stands rejected.

(2.) The respondent filed a petition seeking eviction of the petitioner from commercial premises, a shop, on the ground of reasonable and bona fide requirement, in terms of the provisions of Sec. 9(i) of Rajasthan Rent Control Act, 2001( for short "the Act"). The bona fide requirement was pleaded by the respondent for her son Manish Patel, an advocate by profession, who was holding the post of Additional Government Advocate at the relevant time. It was averred that Manish Patel was sharing the office with his father and brother Ashok Patel, which is not adequate for his requirement.

(3.) The petition was allowed by the Rent Tribunal vide judgment and order dtd. 10/5/18 passed in Rent Case No.156/15. Aggrieved thereby, the appeal preferred by the petitioner is pending consideration before the Appellate Rent Tribunal, Jodhpur Metropolitan.