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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
MAHENDAR KUMAR GOYAL
Tasleem Ahmad, S/o Siraj Ahmad – Appellant
Versus
Sabeela Khatoon, Wife Of Shri Gulam Rasool – Respondent
Order :
(MAHENDAR KUMAR GOYAL, J.)
This writ petition under Article 227 of the Constitution of India is directed against the order dated 30.11.2019 passed by the learned Rent Tribunal, Jaipur (for brevity, “learned Rent Tribunal”) in rent application No.688/2015 whereby, an application filed by the respondents/applicants (for brevity, “applicants”) under Order 6 Rule 17 and Section 151 CPC and read with Section 21 of the Rajasthan Rent Control Act, 2001 (for brevity, “the Act of 2001”), has been allowed.
2. The relevant facts in brief are that Sabeela Khatoon-predecessor-in-interest of the applicants, filed an application against the petitioner/non-applicant/tenant (for brevity, “non- applicant”) under Section 9 of the Act of 2001 seeking eviction from the suit premises on the grounds, inter alia, her reasonable and bona fide necessity. During its pendency, she expired whereupon, her legal representatives were taken on record. After their impleadment, they filed an application as aforesaid which came to be allowed by the learned Rent Tribunal vide order impugned dated 30.11.2019.
3. At the threshold, learned counsel for the applicants submits that he does not press their application ex
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 necessity for eviction must be assessed at the time of the application, and not all subsequent events justify amendments to pleadings.
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....
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 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.
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....
Amendments to pleadings in appellate proceedings must be timely and bona fide, and should not prejudice the other party.
The court emphasized the necessity for just and proper adjudication of the case and considered the genuineness and bonafide nature of the landlord's requirement in the context of amendment applicatio....
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