Arun Bhansali, J. - (1.) This writ petition has been filed by the petitioners aggrieved against the order dated 03.09.2015 passed by the Rent Tribunal, whereby the application filed by the petitioners under Order 6, Rule 17 CPC has been rejected.
(2.) The respondents filed original application seeking eviction of the petitioners from the premises in question based on termination of tenancy under Section 106 of the Transfer of Property Act, 1882 ('the Act of 1882') as the petitioners do not have protection under the provisions of the Rent Control Act, 2001 ('the Act of 2001'). Along with the original application, affidavits of six persons as AW-1 to AW-6 were filed; the petitioners filed their reply on 03.04.2014 along with affidavits as examination-in-chief of DW-1 to DW-3; the respondents filed their replication on 03.05.2014; the issues were framed on 10.02.2015 by the Rent Tribunal and on the same day applications were filed by the petitioners as well as the respondents seeking permission to cross-examine the deponents of the affidavits, which were filed along with the original application and the reply, which applications were granted on the same day i.e. 10.02.2015 and the matter was fixed for evidence of the respondents-landlord on 16.04.2015.
(3.) On 16.04.2015, the petitioners filed an application under Order 6, Rule 17 CPC seeking to amend the reply. The petitioners wanted to amend the reply with a view to take further objections regarding notice issued by the respondents being illegal as the same was not issued jointly with the co-lessor and further objections were raised regarding the fact that mesne profit were not claimed in the notice issued under Section 106 of the Act of 1882.;