BHAGWAN DASS Vs. USHA TYAGI

JUDGEMENT

(1.) Exemption allowed, subject to all just exceptions. Application is disposed of.

(2.) The present petition has been filed challenging the order passed by the District and Sessions Judge in an appeal under Section 38 of the Delhi Rent Control Act, 1958 wherein leave to amend the written statement by the Petitioner-Tenant was rejected.

(3.) The background is that a petition under Section 14D came to be filed by Smt. Usha Tyagi before the Rent Control Tribunal. The property in question is property bearing No. WZ-41, Basai Dara Pur New Delhi-110015. Ld. counsel submits that the Petitioner herein was given leave to defend in June, 2006. In January, 2007 one of the tenants who was in occupation of one portion of the property had vacated the property and the possession of the said portion was received by the landlady. He therefore wished to bring said facts on record by moving an application for amendment of written statement. In the said application for amendment, the following order dated 13th September, 2007 was passed by the Trial Court:-