SBCWP NO.4775/2008 –GUMAN SINGH V/S DURGA SHANKAR AND ANOTHER . (2) SBCWP NO.4776/2008 –GUMAN SINGH V/S DURGA SHANKAR AND ANOTHER .. : JUDGMENT DTD.23.7.2008 1/4 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. 1. S.B. CIVIL WRIT PETITION NO.4775/2008 Guman Singh versus Durga Shankar and another. 2. S.B. CIVIL WRIT PETITION NO.4776/2008 Guman Singh versus Durga Shankar and another. PRESENT HON'BLE Dr.JUSTICE VINEET KOTHARI Mr.Sanjeet Purohit, for the petitioner. DATE OF JUDGMENT : 23rd July, 2008. O R D E R 1. Heard the learned counsel. SBCWP NO.4775/2008 –GUMAN SINGH V/S DURGA SHANKAR AND ANOTHER . (2) SBCWP NO.4776/2008 –GUMAN SINGH V/S DURGA SHANKAR AND ANOTHER .. : JUDGMENT DTD.23.7.2008 2/4 2. The present petitioner - defendant – tenant before the learned Rent Tribunal has filed the three writ petitions, one of which, namely, S.B. Civil Writ Petition No.4774/2008 filed against the order dtd.13.3.2008 rejecting the application of the defendant under Order 14 Rule 5 C.P.C. for framing of additional issues relating to partial eviction has already been dismissed by this Court on 21.7.2008. 2. This second writ petition, namely, S.B. Civil Writ Petition No.4775/2008 is directed against the order dtd.2.5.2008 of the learned Rent Tribunal rejecting the application of the defendant – tenant filed under Order 6 Rule 17 C.P.C. seeking amendment in the written statement. 3. The learned trial Court has found that the suit premises in question was shared by two of the sons of one Mr. Pooran Chand, which after partition, came in the share of one of the sons, namely, Sh. Durga Shankar, the present plaintiff. The amendment sought was with relation to this fact. The learned trial Court found that the said application was filed belatedly at final stage of the suit and therefor,e SBCWP NO.4775/2008 –GUMAN SINGH V/S DURGA SHANKAR AND ANOTHER . (2) SBCWP NO.4776/2008 –GUMAN SINGH V/S DURGA SHANKAR AND ANOTHER .. : JUDGMENT DTD.23.7.2008 3/4 was filed with a view to delay the trial. The said application was accordingly dismissed by the learned trial Court with cost of Rs.500/-. 4. Having heard the learned counsel and in the facts and circumstances of the case, this Court is of the opinion that all these proceedings have been launched by the petitioner – defendant – tenant with a view to somehow stall the trial and delay the proceedings and with this oblique motive, unnecessary applications have been filed by the defendant – tenant with a view to delay the trial. The learned trial Court was justified in rejecting the said application and the same does not call for any interference by this Court under Article 227 of the Constitution of India and therefore, the writ petition No.4775/2008 is also rejected. 5. The third writ petition No.4776/2008 is directed against the provisional determination of rent by the learned trial Court at Rs.150/- per month, the appeal against which was also rejected by the learned appellate Court by order dtd.9.4.2007. SBCWP NO.4775/2008 –GUMAN SINGH V/S DURGA SHANKAR AND ANOTHER . (2) SBCWP NO.4776/2008 –GUMAN SINGH V/S DURGA SHANKAR AND ANOTHER .. : JUDGMENT DTD.23.7.2008 4/4 6. Having considered the submissions made at the bar and upon perusal of the impugned order, this Court is of the opinion that the same do not call for any interference by this Court under Article 227 of the Constitution of India. The writ petition No.4776/2008 is also accordingly dismissed. No order as to costs. (Dr.VINEET KOTHARI)J. Item No. Ss/-