ORDER :

(Pushpendra Singh Bhati, J.)

This Civil Writ Petition has been preferred claiming the following reliefs:-

"i. By an appropriate writ, order or direction, the impugned order dated 07.05.2022 (Annex.4) passed by the learned Rent Tribunal, Jodhpur Metropolitan, Jodhpur may kindly be quashed and set aside.

ii. By an appropriate writ, order or direction, the application under Order 6, Rule 17 CPC read with Section 21 of the RENT CONTROL ACT , 2001 preferred by the petitioner tenant for amending the written statement by kindly be allowed and the learned Rent Tribunal, Jodhpur Metropolitan, Jodhpur may kindly be directed to permit the petitioner to amend its written statement."

2. Mr. O.P. Mehta, learned counsel for the petitioners submits that the petitioners are the tenant and respondents are the landlord and while the matter is being adjudicated by the Rent Tribunal Jodhpur, petitioners' application under Order 6, Rule 17 read with Section 21 of the RENT CONTROL ACT , 2001 seeking amendment in the written statements in light of subsequent developments may be permitted.

2.1. Learned counsel further submits that to avoid any delay he shall not bring any fresh evidence on record and shall not carry out any examination or call for any witness from the respondents and would be ready for final hearing.

2.2. Learned counsel submits that the knowledge of the adjoining property of the same landlord having been vacated was a subsequent event, which was not in the knowledge of the petitioners and thus, amendment in the written statement ought to be allowed because with the vacation of such adjoining area, the ground of establishing a handicraft business stands fulfilled and the petitioners would have a strong reason to justify their continuance in the premises.

3. Mr. Ashok Patel, learned counsel for the respondents, however, submits that the trial is at the fag end and the petitioners themselves were having the knowledge of the eviction before, as three suits were filed simultaneously.

3.1. He further submits that it is upto the respondent-landlords as to whether the business was to be carried out in what size of the property and not upto the petitioners.

3.2. He also submits that the matter is at the fag end and at the verge of final decision and thus, any interference of this Court at this stage would be detrimental to the cause of justice.

3.3. Learned counsel has placed reliance upon the judgment rendered by Hon'ble Apex Court in the case of Vidyabai & Ors. v. Padmalatha & Anr. reported in 2009 (3) RLW 2524 (SC).

4. After hearing learned counsel for the parties at length, this Court is of the firm opinion that in the given factual matrix, any amendment cannot be permitted and the learned trial Court has rightly dismissed the application Order 6, Rule 17 read with Section 21 of the RENT CONTROL ACT , 2001, because it was upto the tenant to be duly diligent regarding factual matrix, which was happening. It is also noted by this Court that the trial is at the fag end and an immediate decision ought to be taken by learned trial Court in the best interest of justice, strictly in accordance with law without getting prejudiced by this order on merits.

5. The order passed by the learned trial Court is justified and does not call for any interference, thus, the writ petition is dismissed.

6. All pending applications stands disposed of.