(1.) Cm APPLN. 18044/2021 (Exemption)
(2.) The respondent herein had filed an eviction petition under Section 14(1)(d) of the Delhi Rent Control Act and had alleged that the premises had been let out for residential purpose but that the present petitioner was not residing therein. In the written statement filed by the present petitioner, it was submitted that there was no relationship of landlord and tenant and the premises were commercial in nature. An amendment application was moved by the present petitioner under Order VI Rule 17 CPC with a prayer to incorporate therein a plea of adverse possession. It was claimed that the petitioner had obtained the premises from the Custodian and a sum of Rs.4/- per month had been paid to the Custodian.
(3.) The amendment application was dismissed by the learned Additional Rent Controller on the ground that the facts sought to be incorporated in the written statement were very much in the knowledge of the present petitioner at the time of filing of the written statement and there has been no explanation advanced why these were not taken at the initial stage itself. It was also observed that the amendment was neither necessary nor relevant for the disposal of the eviction petition.