Sujit Narayan Prasad, J. - (1.) This writ petition is under Article 227 of the Constitution of India, wherein order dated 06.12.2018 (annexure-5) passed in a petition filed under Order 6 Rule 17 in Title (Eviction) Suit No.11 of 2013, is under challenge, whereby and whereunder, the amendment sought for, is disallowed.
(2.) The brief facts of the case as per the pleading made in the writ petition is that the plaintiff has filed a suit for eviction being Title (Eviction) Suit No.11 of 2013 under Section 14 read with Section 11 (1) (c) of the Bihar Building (Land, Rent and Eviction) Control Act, 1982 (now, Jharkhand Building (Land, Rent and Eviction) Control Act, 2000. On the basis of the pleading made in the plaint claiming therein the absolute owner of the suit premises, the defendant was allowed to live in the house of the plaintiff in the month of June, 2000 for one year because the defendant has shifted from Lohardaga to Ranchi for education of the children and requested the plaintiff that after one year he will vacate the premises but after lapse of aforesaid one year period the plaintiff requested the defendant to vacate the house in the month of January, 2001. Thereafter, defendant has requested that he may be allowed to live as tenant and agreed to pay Rs.500/- per month as monthly rent and since then he is residing from month to month tenant in the suit premises of the plaintiff, the defendant thereafter has started claiming the suit property on the basis of forged and fabricated documents, although, he had no right, title and interest over the portion of the suit property and thereafter the defendant became defaulter in payment of rent from the month of June, 2012. The plaintiff since is in need of the said premises for her personal use and accommodation for residential house and as such, the present suit has been filed.
(3.) The petitioner/defendant was filed the written statement, wherein, the relationship of landlord and tenant has been disputed.;