Back
MAHENDAR KUMAR GOYAL
Satish Kumar Jain – Appellant
Versus
Pankaj Jain – 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.38/2020 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
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....
Amendments to pleadings regarding bona fide necessity must be timely and relevant, and subsequent events do not negate the landlord's bona fide need for the premises.
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.
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.
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....
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 amendment application under Order VI Rule 17 CPC can be rejected if it's belated and lacks due diligence, especially when it does not materially impact the bona fide requirement.
The main legal point established in the judgment is that proposed amendments to an ejectment application under the East Punjab Urban Rent Restriction Act, 1949 must be necessary for the proper and ju....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
