1. - Having heard learned counsel for the defendant petitioner and having perused the material placed on record, this Court is unable to find any jurisdictional error in the impugned order dated 26.10.2007(Annex.3) as passed by the learned Trial Court refusing an application made by the petitioner seeking permission to amend the written statement in the suit for eviction on the ground of reasonable and bona fide requirement.

2. Learned counsel for the petitioner contends that the amendment of written statement is considered quite liberally as held by the Hon'ble Supreme Court in the case of Usha Balashaheb Swami . v. Kiran Appaso Swami . : (2007) 5 SCC 602 ; and submits that the merits of the pleadings are not to be considered at the time of considering the prayer for amendment. Learned counsel submits that the petitioner pointed out subsequent events of availability of three shops with the plaintiff that could be put to his use, if at all there be any requirement; and the learned Trial Court has been in error in observing in the impugned order that shops as referred by the petitioner belong to the mother of the plaintiff.

3. True it is that amendment of written statement i