Sangeet Lodha, J. - (1.) THIS writ petition is directed against order dated 20.7.10 passed by Appellate Rent Tribunal, Nagaur in Appeal No. 15/04, whereby an application preferred on behalf of the petitioners -tenant under Section 21(3) of Rajasthan Rent Control Act, 2001 (for short "the Act") read with Order VI Rule 17 of CPC seeking leave to amend the reply, stands rejected.
(2.) THE respondent filed a petition seeking petitioners' eviction from the premises, a shop, on the ground of reasonable and bona fide necessity of the premises for his son -Surya Prakash in terms of the provisions of Section 9(i) of the Act. It is averred in the petition that the respondent's son intends to start the business of computer parts and accounting job in the premises in question. The petition is being contested by the petitioners by filing a reply thereto. The evidence of the parties stands concluded and the matter is fixed for final arguments.
(3.) AT this stage, the petitioners preferred an application seeking leave to amend the reply stating that during the cross examination, the witness -Surya Prakash deposed that he is studying in LL.B. Final Year, however, during the pendency of the petition, after acquiring the Degree of LL.B. and taking the 'Sanad' from the Bar Council of Rajasthan, he has started practice as an Advocate and therefore, the bona fide necessity of the premises as pleaded, stands eclipsed. The application was contested by the respondent by filing a reply thereto. The respondent denied the occurrence of the subsequent event as pleaded.;