- (1.)TENANT is the petitioner before this Court, who has challenged an order dated May 16, 2006, Annexure P-5 passed by the trial judge, whereby an application filed by the respondent-landlord seeking amendment of the plaint for adding new grounds of eviction under sections 12 (1) (d) and 12 (1) (i) of the Madhya Pradesh Accommodation Control Act, 1961 (hereinafter referred to as Act), has been allowed.
(2.)A suit for eviction of the tenant Dr. Joginder Singh was filed by landlord virendra Shah on March 23, 2005. The eviction of the tenant was sought by pleading a ground under section 12 (1) (f) of the Act by claiming that the building in question had been let out of non-residential purpose and was required bona fide by the landlord for the purposes of starting his own business and that he was owner of the property in question. The suit filed by the plaintiff is being contested by the tenant.
(3.)WHILE the proceedings in the suit are pending before the trial Court, an amendment application was filed by the plaintiff on April 8, 2006. A permission was sought from the trial Court to add two more grounds of ejectment. A ground available under section 12 (1) (d) of the Act and the second ground under section 12 (1) (i) of the Act, were sought to be introduced. The aforesaid application was contested by the tenant. However, the learned trial Judge vide impugned order, has allowed the amendment application and permitted the landlord to introduce the aforesaid two grounds of the ejectment also.