Arun Bhansali, J. - (1.) THESE two writ petitions arise out of orders dated 18.03.2014 passed by the Additional District Judge No. 2, Sriganganagar, whereby, in the appeal preferred by respondent -tenants against the decree for eviction passed by the trial court and applications Order VI, Rule 17 C.P.C. and Order XLI, Rule 27 C.P.C. respectively have been allowed.
(2.) THE suit was filed on the ground of bona fide need, subletting and material alteration and the trial court found all the three grounds in favour of the plaintiff and decreed the suit. Feeling aggrieved, the defendant filed first appeal. During pendency of the first appeal, application under Order VI, Rule 17 C.P.C. was filed seeking amendment in the written statement based on a subsequent event that during pendency of the appeal one of the premises owned by the plaintiff had been ordered to be vacated by the jurisdictional court and against the said decree, appeal had also been dismissed by the first appellate court and it was claimed that the requirement of the plaintiff stands satisfied on account of decree passed by the trial court in relation to the said other premises.
(3.) THE application was opposed by the petitioner -plaintiff, inter alia, indicating that against the decree passed by the trial court as upheld by the first appellate court, a second appeal has been preferred, in which, a stay order has been passed by the High Court and, therefore, it cannot be said that the plaintiff is in possession of the alleged alternative accommodation.;