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2013 Supreme(Raj) 1799

R.S.CHAUHAN
Shiv Shankar Mahawar – Appellant
Versus
Lalit Kumar – Respondent


Advocates:
For the Petitioner:Vigyan Shah, Advocate.
For the Respondent No. 1:Pankaj Sharma, Advocate.

JUDGMENT

1. - The petitioner/defendant is aggrieved by the order dated 30.5.2013 passed by the Judge, Rent Tribunal, Alwar whereby the learned Judge has allowed the application under Order 6, Rule 17 CPC filed by the respondent No.1/plaintiff for making necessary amendment in the plaint.

2. The brief facts of the case are that the shop in dispute was rented to the petitioner-defendant by the plaintiff-respondent. In 2003, the plaintiff-respondent filed a petition for eviction under Section 9 of the Rajasthan Rent Control & Eviction Act, 2001, against the defendant-petitioner on the ground of bonafide necessity as well as material alteration in the rented premises. The petitioner submitted his written statement and claimed that the plaintiff is already having vacant shops. Thus, the petitioner denied the ground of bonafide necessity. The plea of material alteration was also denied. On the basis of pleadings of the parties, the learned trial court framed issues on 19.5.2004. Thereafter, on 12.7.2007, the plaintiff was cross-examined. After completion of evidence, the matter was posted for final arguments in 2008. At this stage of the proceedings, on 28.8.2008, the plaintiff-respondent











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