( 1 ) THE petitioners have impugned the order dated 4th August, 2005 of Rent controller Tribunal dismissing their appeal against the order dated 5th April, 2005 by Additional Rent Controller dismissing their application under Order VI rule 17 of Code of Civil Procedure to amend their written statement filed in the eviction petition under Section 14 (1) (b) of Delhi Rent Control Act, 1958.

( 2 ) THE respondent filed an eviction petition against the petitioners and shri Himmat Singh contending that Smt. Shilawanti Kewal Ramani is the tenant in respect of shop in property bearing No. WZ-508 C, Tanwar Marg, Basai Darapur, New delhi, at Rs. 500/- per month who has sublet, assigned or otherwise parted with the possession of the premises to Smt. Preet Kewal Ramani and Shri Himmat Singh, on 6th October, 1996.

( 3 ) THE eviction petition was contested by the petitioners who filed a joint written statement. In reply to the allegation of the respondent that the petitioner No. 1 is a tenant, it was contended in the written statement by petitioners that their exist no relationship of landlord and tenant between them and respondent.

( 4 ) PARA 4 of the written statement filed