JUDGMENT - DAGA V.C., J.:-Rule, returnable forthwith.

By consent, petition is heard finally.

2.This petition is directed against the order dated 12th November, 2003 passed by the Small Causes Court at Mumbai in Interim Notice No. 4099 of 2003 in R.A.E. R. Suit No. 9/15 of 1998, whereby the interim notice seeking amendment to the plaint came to be dismissed.

The Facts :

3.The facts giving rise to the present petition are as under :

That the plaintiff has filed suit for possession of the suit premises being room No. 2 located on the first floor of the House No. 100/ B situated at Navnit Chowk, Worli Koliwada, Worli, Mumbai 400 025, contending that the defendant is a tenant; who did not pay arrears of rent and permitted increases from March, 1994 till the date of filling of the suit as such he has rendered himself liable for eviction from the suit premises under the provisions of the Bombay Rent Act.

4.On being noticed, the defendant appeared and filed his written statement contending that the suit premises is a newly constructed and/or erected room, constructed by the defendant himself, and he being the owner of the said premises the suit for eviction is liable to be dismissed.

5.The pet

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