Manish, Anil Mehta @APPELLANT@Hash Smt Pushpa Devi Birla & Ors.

In Petition No.6149/2018:-

Counsel for the petitioner seeks permission to withdraw this writ petition with liberty to raise his arguments with regard to Section-7 Sub-Section-2 of

the Rent Control Act before the learned Rent Tribunal at the time of final arguments.

In that view of the matter, the writ petition is dismissed with liberty as prayed for. In Petition No.6795/2018:-

1. The instant writ petition has been filed by the petitioner against the order dated 16.02.2018 passed by Rent Tribunal, Jaipur whereby the

application submitted by the petitionerlandlord under Order 6 Rule 17 was dismissed.

2. Brief facts of the care are that the petitioner-landlord has filed an eviction application in the year 2015 against the respondent-tenant for his

eviction from shop in dispute. During pendency of the eviction application the petitioner-landlord filed an application under Order 6 Rule 17 for

amendment in the original application.

3. The learned Rent Tribunal vide order dated 16.02.2018 dismissed the amendment application filed by the petitionerlandlord.

4. Counsel for the petitioner submitted that the learned Tribunal has wrongly dismissed the application submitted by the petitioner for amendment in

the original application because the facts mentioned in the application came in the knowledge of the petitioner-landlord after filing of the eviction

application. Counsel further submits that in the event allowing amendment application no prejudice would be caused to the respondent-tenant

5. Counsel for the respondent-tenant submitted that the learned Rent Tribunal has rightly dismissed the application submitted by the petitioner-

landlord because the additional ground which the petitioner landlord wants to add in the original application is a ground of eviction for which the

petitioner-landlord can file separate eviction application. Lastly, counsel prayed that the writ petition filed by the petitioner may kindly be dismissed.

6. Heard counsel for the parties and perused the record. Â

7. The instant writ petition has been filed by the petitioner under Article 227 of the Constitution of India and I see no illegality committed by the

learned Rent Tribunal while dismissing the application submitted by the petitioner-landlord for the reasons; firstly, petitioner-landlord has sought

amendment in the original application regarding availability of alternative accommodation to the respondent-tenant for which the petitioner-tenant can

file a separate eviction application; secondly, this court in the writ petition filed by the petitioner -landlord has already given direction to the Rent

Tribunal to decide the pending eviction application expeditiously.

8. In that view of the matter, the writ petition filed by the petitioner stands dismissed.