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MAHENDAR KUMAR GOYAL
Rampratap Bhanwarlal Company – Appellant
Versus
Mrs. Neha Bindal – Respondent
ORDER
1. This writ petition under Article 227 of the Constitution of India has been filed by the petitioners/Non-Applicants/Tenants against the order dated 29.07.2021 passed by the learned Rent Tribunal, Ajmer in Rent case on 128/2018 whereby an application filed by the petitioners under 21(3) of the Rajasthan Rent Control Act, 2001 (for brevity, 'the Act of 2001') read with Order 6 Rule 17 CPC seeking amendment in their reply, has been dismissed.
2. The facts in brief are that the respondent-landlord filed an eviction application against the petitioners in the year 2018 on the ground of reasonable and bonafide necessity of her husband Shri Lokesh Bindal for the suit shop for running a readymade clothes business. It was averred therein that the suit shop is situated in the main market and was suitable for the business. After commencement of trial, the petitioners filed an application under Section 21(3) of the Act of 2001 read with Order 6 Rule 17 CPC seeking amendment in the reply for incorporating three subsequent events. The application has been dismissed by the learned Rent Tribunal vide order dated 29.07.2021, impugned herein.
3. During course of arguments, learned counsel for th
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....
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.
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.
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....
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....
The court emphasized that a landlord’s bona fide necessity for eviction must be upheld if substantiated by evidence, and the scope of review under Article 227 is limited to supervisory jurisdiction, ....
The crucial date for determining the bonafide need of the landlord is the date of institution of the eviction suit, and subsequent events, such as the death of the landlord, do not necessarily result....
The landlord's right to seek eviction based on personal and bonafide necessity and the court's deference to the landlord's prerogative in deciding the use of the premises.
The court emphasized the importance of upholding findings of fact arrived at by the lower tribunals and the landlord's right to choose the best place for doing business.
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