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MAHENDAR KUMAR GOYAL
Janardan – Appellant
Versus
Govind Prasad Agarwal – Respondent
JUDGMENT
1. This writ petition under Article 227 of the Constitution of India has been filed assailing the legality and validity of the order dated 11.03.2022 passed by the learned Rent Tribunal No.2, Jaipur Metropolitan-I whereby, an application filed by the respondents-applicants under Order 6 Rule 17 CPC read with Section 21 of the Rajasthan Rent Control Act, 2001 (for brevity, 'the Act of 2001') seeking amendment in the Original Application, has been allowed.
2. The facts in brief are that late Govind Prasad Agarwal, father of the respondents no.1/1 to 1/3 and Smt. Renu filed an Original Application seeking eviction of the petitioners/non-applicants from the suit shop on the ground interalia, of their reasonable and bonafide necessity. During its pendency, the applicant no.1, Shri Govind Prasad Agarwal died and his legal representatives, brought on record of respondents no.1/1 to 1/3, moved an application under Order 6 Rule 17 read with Section 21 of the Act of 2001 seeking amendment in the application stating therein that the suit shop was required for their business after the death of the respondent no.1 and hence, consequential amendment be permitted. The application has been
A subsequent event having material bearing on the issue can be permitted to be incorporated by way of an amendment under Section 21 of the Rajasthan Rent Control Act, 2001.
Legal representatives of a deceased landlord can amend eviction applications to include their necessity, avoiding multiplicity of proceedings, provided no injustice is caused to the other party.
The reasonable and bona fide necessity has to be adjudged based on the position existing on the day the rent eviction application is filed, and subsequent events without material bearing cannot be in....
The reasonable and bona fide necessity for rent eviction has to be adjudged based on the position existing on the day the application is filed, and subsequent events may not warrant an amendment in t....
Reasonable and bonafide necessity of a landlord has to be seen on the date of the institution of the suit, and subsequent events can be taken into consideration if they have a material bearing on the....
Courts cannot examine merits while deciding plaint amendment under Order VI Rule 17 CPC; Article 227 does not permit High Courts to reassess evidence or interfere with discretionary orders absent jur....
The amendment sought under Order 6 Rule 17 CPC should be allowed only if the facts were not within the petitioner's knowledge prior to filing the reply.
The central legal point established in the judgment is that once a landlord establishes reasonable and bonafide necessity for the accommodation, it cannot be rejected on the premise that the person d....
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