Shree Chandrashekhar, J. - (1.) The petitionertenant is aggrieved of the order dated 23.02.2011 passed in Title Eviction Suit No.39 of 2001 by which amendment in paragraph no.9 of the writtenstatement has been declined.
(2.) Briefly stated, on 16.04.1996 an agreement of tenancy for five years was executed between the parties under which the petitioner was inducted as tenant on monthly rent of Rs.851/, payable on the last date of each month. On an allegation of default in payment of rent a notice was issued to the petitioner on 17.03.2001 terminating the tenancy with effect from 16.04.2001. Title Eviction Suit No.39 of 2001 was instituted by the landlords on the ground of default in payment of rent since October, 1999 and personal necessity of plaintiff no.1 and his son. The plaintiffs have pleaded that the defendant has violated the conditions of tenancy for which several notices were issued to the defendant through the plaintiff 's advocate. In the suit besides seeking a decree for eviction of the defendant from ScheduleA premises, a decree for arrears of rent as described in ScheduleB has also been sought. The defendant contested the suit by filing written statement on 03.01.2002. The defendant has denied the allegation of default in payment of rent and personal necessity of the plaintiff no.1 and his son for ejection of the defendant from the tenanted premises. The defendant has specifically pleaded that the plaintiff no.1 is residing in his village and the plaintiff no.2 is gainfully employed under M/s BCCL. The defendant has also asserted that the plaintiffs are in possession of the second floor of a triplestoreid market complex consisting of fourteen shops on the ground floor and six shoprooms as well as a nursinghome at the first floor of the said building. Denying the claim for personal necessity of the son of plaintiff no.1, the defendant has pleaded that the son of plaintiff no.1 namely, Ranjit Kumar Singh is a minor still pursuing his studies.
(3.) During trial of the suit, after the parties led their evidence, an application for amendment in the written statement was filed on 20.11.2010.;