- (1.) By this order I am disposing of two amendment applications filed by the appellant on 12.5.92 seeking leave to amend the written statement filed by the appellant in the trial court in Civil Suit No. 94/83 as well as the memo of appeal filed before this Court.
(2.) For the purpose of deciding these amendment applications it is necessary to give few facts.
(3.) Plaintiff-respondent filed a suit for rent and ejectment on 19.7.83 in the court of District Judge, Ajmer, against the defendant appellant. In the plaint the plaintiff-respondent alleged that defendant-appellant is its tenant in respect of the premises specified in para-1 of the plaint on a monthly rent of Rs. 350/-. The date of tenancy commenced on the first day of the English month. The plaintiff-respondent alleged that the defendant- appellant has been very irregular in the payment of rent. He has paid rent only upto February 1980 and thus defaulted in the payment of rent for a period of more than six months and is, therefore, liable to be evicted under section 13(1) (a) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950. The plaintiff respondent claimed that he was entitled to rent for 40 months and 15 days. He however, claimed only a sum of Rs. 12,950/-. The defendant appellant in his written statement stated that the contents of para-1 of the plaint except the fact about the tenant is admitted. The tenancy is at the rate of Rs. 200/- and he has been paying rent at that rate. He has been regularly paying rent and rent upto January 1981 has already been paid. He has never committed any default in payment of rent. The plaintiff is not entitled to excess rent. In his additional pleas he stated that the monthly tenancy is only for Rs. 200/- and even that is excessive looking to the rate of rent of the premises in the vicinity. He prayed that the court may determine the standard rent. This written statement was filed by the defendant-appellant on 12.1.84. Statement of the plaintiff was recorded on 20th February 1987. After hearing the parties the trial court decreed the suit vide judgment dated 13.5.87. The defendant-appellant filed this appeal on 22.7.87. Ad-interim stay order was passed in favour of the appellant on 3.8.87. The stay was confirmed on 18.8.87 subject to certain conditions. On 11.3.91 the plaintiff- respondent filed an application for vacation of the stay order. After hearing the parties this court vacated the stay order on 18.11.91.;