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Supreme Court of India 2017-02-10 allowed

Chakreshwari Construction Pvt. Ltd vs Manohar Lal

Bench: 2 — Abhay Manohar Sapre

In Brief

A landlord sought to evict a tenant from a rented shop for alleged subletting. During the eviction proceedings before the Rent Tribunal, the landlord filed applications to amend its petition and produce additional government documents showing the tenant's alternative business name. The Tribunal and High Court rejected these applications as delayed and immaterial. The Supreme Court held that amendments to pleadings and additional evidence can be allowed at any appellate stage if they are bona fide, relevant, and necessary for deciding the parties' rights. Since the proposed amendment did not change the case's nature and was essential to prove subletting, the Court allowed both applications and remitted the matter to the Tribunal for completion of proceedings.

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