- (1.) This writ petition is directed against order dated 23.4.09 passed by the Rent Tribunal, Bhilwara in case No. 2/09, whereby the application preferred by the petitioner for framing the issues, has been rejected.
(2.) The respondent filed a petition under Section 9 of the Rent Control Act, 2001 (in short "the Act" hereinafter) for evicting the petitioner from the premises in question on the grounds of reasonable and bona fide necessity, non user of the premises without reasonable cause for the purpose for which it was let out for a continuous period of six months preceding the date of petition, the petitioner acquiring vacant possession of suitable premises adequate for his requirement and the requirement of the respondent of the premises in order to carry out the building work. The petition is being contested by the petitioner herein by filing reply thereto. It is stated that the respondent in the rejoinder to the reply, the respondent came out with the entirely a new case by adding the pleadings which are not consistent with the pleadings set out in the petition originally filed. It is stated that the plea of denial of title, availability of the alternate premises with the petitioner and clarification of the title of the disputed premises etc. have been added by way of rejoinder.
(3.) In these circumstances, the petitioner preferred an application praying for framing of the issues on the ground that for convenience and a right decision of the case, it is absolutely necessary.;