ASHOK KUMAR Vs. JAG RAM

JUDGEMENT

(1.) THE petitioner is aggrieved by an order dated 4th October 2008 passed by learned Additional Rent Control Tribunal (ARCT) whereby an appeal of the petitioner against an order passed by learned Additional Rent Controller (ARC)dated 12th March 2008 dismissing an application of the petitioner under Order 6 rule 17 of CPC, was dismissed.

(2.) THE petitioner by way of an application under Order 6 Rule 17 CPC wanted to amend his written statement so as to take an additional plea that the rent agreement relied upon by the landlord (respondent herein) was forged and fabricated document. The premises was let out to the petitioner for unlimited period. In the month of November 2001, the landlord and his associate had come to the suit property and alleged that he was trying to part with possession of the suit property. On being told that he had no such intention, the landlord and his associate acted with hypocrisy and asked the petitioner to sign some blank papers. On seeing hitch of the petitioner in signing blank papers, he was assured that same shall not be misused and shall act as security against subletting and parting with possession of the premises. Thus, the petitioner was induced by the respondent to sign the blank papers. The landlord later on misused the stamp papers and fabricated and forged a rent agreement relied upon by him in the eviction petition.

(3.) IN the eviction petition, the landlord had pleaded that the petitioner (tenant herein) had taken his shop on rent on 24th September 1999 for a short period and at that time no written agreement was executed between the parties. Later on when the petitioner (tenant) wanted to extend the tenancy, a rent agreement was executed on 29th November 2001 for a period of six months from 25th November 2001. The tenant in the written statement had denied execution of any rent agreement and had taken the stand that the shop was given to him orally for an unlimited period.