1 WP 4055/10 abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4055 OF 2010 Nandlal Amarchand Shrishrimal .. Petitioner V/s Jayashree Ravji @ Balasaheb Godse .. Respondent Mr. R.N. Sanghavi for the petitioner. CORAM : D.G. KARNIK, J. DATE : 22ND JULY 2010 P.C. : 1. Heard learned counsel for the petitioner. 2. By this petition, the petitioner challenges the order dated 20 March 2010 passed by the learned District Judge-9, Pune rejecting the application of the petitioner-appellant for amendment of the written statement filed in the suit. 3. In the suit for possession filed by the respondent a decree for possession has been passed against the petitioner under the provisions of the Bombay Rents, Hotels and Lodging House Rates Control Act, 1947. Before the trial court, the petitioner had filed the written statement contending that he had no concern with the 2 WP 4055/10 suit premises and the real tenant has not been joined as party to the suit. After the decree of the suit, the petitioner filed an appeal which was dismissed. However, in revision the matter was remanded back to the lower appellate court. Thereafter, the petitioner made an application in the appellate court for amendment of the written statement contending that his wife was the tenant of the suit premises. The appellate court has rejected the application and, in my view, rightly so. 4. It was the contention of the petitioner before the trial court that he was not the tenant. It was not necessary for him to mention who else was the tenant. The wife of the petitioner has not come forward before the court claiming that she is the tenant nor has she claimed that the decree that has been passed by the trial court against her husband cannot be executed against her on the ground that she is the tenant in possession. In the circumstances, the lower appellate court has not committed any error in rejecting the application for amendment. The writ petition is rejected summarily. (D.G. KARNIK, J.)