RAMESHWAR LAL Vs. MOHNI DEVI

JUDGEMENT

(1.) This writ petition has been filed by the petitioner-tenant challenging the order dtd. 20/4/2017 passed by the Appellate Rent Tribunal, Bikaner whereby the application filed by the petitioner-tenant under Order 6 Rule 17 CPC was dismissed.

(2.) Brief facts of the case are that the respondents-landlords have filed an eviction application against the present petitioner- tenant before the Rent Tribunal, Bikaner on the ground of bona fide need and personal necessity. The learned Tribunal had allowed the original application filed by the respondents-landlord vide order dtd. 24/7/2009. Against the order dtd. 24/7/2009, the petitioner-tenant had filed an appeal before the Appellate Rent Tribunal, Bikaner and during pendency of the said appeal, the petitioner-tenant had filed an application under Order 6 Rule 17 CPC seeking amendment in the appeal to the effect that the son of the respondents, namely Navin is doing business at Jaipur which was dismissed by the Appellate Rent Tribunal, Bikaner vide order dtd. 20/4/2017. Hence, the present writ petition has been filed by the petitioner-tenant.

(3.) Learned counsel for the petitioner-tenant Mr. Manoj Bhandari submitted that the learned Appellate Rent Tribunal has committed a serious illegality in dismissing the application of the petitioner- tenant as the petitioner-tenant came to know that the son of the landlord, namely Navin is doing business at Jaipur in the name of Modi Furniture House and this fact is very much necessary to bring on record for deciding the bona fide need of the shop in dispute.