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2022 Supreme(Raj) 1740

MAHENDAR KUMAR GOYAL
Kamlesh Jain – Appellant
Versus
Pankaj Jain – Respondent


Advocates appeared:
Mr. Mohit Gupta, for the Appellant
Mr. Bipin Gupta, for the Respondent.

ORDER

1. This writ petition under Article 227 of the Constitution of India has been filed by the petitioners/tenants against the order dated 21.04.2022 passed by learned Appellate Rent Tribunal, Alwar in Civil Cross Appeal (Rent) No.39/2020 whereby, an application filed by them under Order 6 Rule 17 CPC seeking an amendment in the reply, has been dismissed.

2. The facts in brief are that the respondent No.1/landlord filed a rent eviction application against the petitioners and proforma respondents No.2 to 8 under Section 9 of Rajasthan Rent Control Act, 2001 (for brevity, 'the Act of 2001') seeking eviction on the grounds of reasonable and bona fide necessity and acquisition of alternative accommodation. The learned Rent Tribunal, vide its judgment dated 19.03.2020, issued recovery certificate qua acquisition of alternative accommodation and decided the issue of reasonable and bona fide necessity against the landlord. The judgment dated 19.03.2020 was assailed by the petitioners by way of an appeal wherein the respondent No.1 filed his cross objections. In the cross objections, the petitioners filed an application under Order 6 Rule 17 CPC seeking amendment in the reply on account of

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