D.A.DESAI, BAHARUL ISLAM
Mulk Raj Batra – Appellant
Versus
District Judge, Dehra Dun – Respondent
JUDGMENT
DESAI, J. :— Special leave to appeal granted.
2. The only dispute in this appeal is whether the application for amendment of the written statement under O. 6, R. 17 should be allowed as a whole or in part as has been done by the learned District Judge and confirmed by the High Court in revision. The real dispute is with regard to para. 16-A in the proposed amendment extracted at page 5. The contention which found favour with the High Court is that by this paragraph, the appellant seeks to reopen the concluded findings of facts about the personal requirement of the respondent-landlord. Respondent No. 2, Shri Lal Krishan referred to as landlord commenced an action for eviction of appellants inter alia on the ground of his personal requirement. Courts including the High Court accepted the case that landlord requires premises involved in the suit for his personal requirement, It is obligatory for the courts while granting decree for eviction on the ground of bona fide personal requirement to comparatively assess the hardships of the landlord as well as the tenant relevant to passing the decree for eviction or refusing to pass the same and mould the decree in accordance with the
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