Avdesh Kumar Pareek v. Govind Sharma

Kanwaljit Singh Ahluwalia, J.:— Instant petition has been preferred under Article 227 of the Constitution of India to assail the order dated 12.07.2016 passed by the Rent Tribunal, Jaipur, whereby application filed by the respondent-tenant under Order 6 Rule 17 and Order 8 Rule 1 of the Civil Procedure Code, 1908, was allowed.

2. In the present case, petitioner-landlord had instituted a suit for eviction of the tenant on the ground that the demised premises is required by the landlord for the personal-bonafide-necessity to settle his son.

3. Before cross-examination of petitioner-landlord could commence, respondent-tenant got certain documents from which it could be inferred that the son of the petitioner-landlord is not residing at Jaipur and the ground made for personal-bonafide-necessity is not a genuine ground.

4. Accepting the well settled legal position that the Courts should be liberal to grant amendment of the written-statement, Rent Tribunal had accepted the prayer of the tenant. The discretion has been validly exercised by the Rent Tribunal. Hence, no interference is warranted.

5. At this stage, learned counsel appearing for the petitioner-landlord, has submitted that the petitioner-landlord instituted eviction petition in the year, 2012 and after four-years when the case was ripe for cross-examination of the petitioner-landlord then application for amendment of the written-statement has been filed to further delay the proceedings.

6. To allay the apprehension of the petitioner-landlord, it is, hereby, ordered that the Rent Tribunal shall decide eviction petition instituted by the petitioner-landlord within a period of six-months from the date of receipt of certified copy of this order.

7. With the observations made and directions issued herein above, the present writ petition stands disposed of.

8. Upon disposal of main petition, stay application, filed therewith does not survive and the same is also disposed of.