SANGEET LODHA,J. - (1.) This petition is directed against order dated 26.8.16 passed by Rent Tribunal, Udaipur, in Case No.1110/14, whereby an application preferred on behalf of the petitioner-tenant under Order 6, Rule 17 of CPC seeking leave to amend the reply, stands rejected.
(2.) The respondent filed a petition seeking petitioner's eviction from a commercial premises, on the ground of bona fide requirement in terms of the provisions of Section 9(i) of Rajasthan Rent Control Act, 2001( for short "the Act") . It is averred in the petition that the respondent requires the premises to undertake manufacturing of wooden furniture and also to use the same as godown for storage thereof. The respondent has further averred that he is residing at the first floor of the same premises and therefore, it will be convenient for him to use the premises for intended purposes.
(3.) The petition is being contested by the petitioner by filing a reply thereto. The matter is posted for the respondent evidence. At this stage, the petitioner preferred an application seeking leave to amend the reply to the petition stating that the respondent has purchased a residential plot P-157, Tiger Hills, Udaipur and has already constructed two story building thereon and thus, he will be shifting to the said premises for residence and therefore, in view of the subsequent event, the bona fide requirement of the premises as pleaded stands extinguished. Accordingly, it was prayed that the petitioner may be permitted to amend the pleadings so as to incorporate the facts relating to subsequent event in the reply, which are germane to the matter in dispute.;