1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5137 OF 2009 Anilkumar Paul Sonu Dass....... Petitioner versus Rajbansh Jaganarayan Singh ........Respondent. Mr. Chandrakant Chavan adv. for the Petitioner Mr. A.G. Damle adv. for the Respondent. CORAM: A. P DESHPANDE, J. DATED : 06th November, 2009. P. C.: 1. The present writ petition is filed by the tenant against whom a suit for ejectment and arrears of rent is filed. By the present petition the petitioner has questioned the legality and validity of an order passed by the trial court rejecting the application seeking amendment of the written statement. The order passed by the trial court is confirmed by dismissing the revision filed by the present petitioner. By the proposed amendment, the petitioner is seeking to challenge the title of the landlord. In the written statement the relationship and the tenancy is admitted. It is also not in dispute that since the year 1990 the present petitioner has been paying rent to the plaintiff landlord. In that view of the matter both the courts below have held that the tenant cannot be 2 permitted to dispute the title of the landlord. Besides that the courts below have declined to permit the petitioner to amend the written statement on the ground that once the trial commences then by virtue of the amended provision of Order 6 Rule 17, the petitioner cannot be permitted to amend the written statement except in contingencies stipulated under the said provision. The application in question moved by the petitioner does not fall within the ambit of the said provision. 2. Perused the impugned order. The same does not call for any interference and the petition is therefore dismissed. (A. P. Deshpande, J.)