VIJAY KUMAR Vs. SANTOSH JAIN AND ANR

JUDGEMENT

(1.) The present revision petition has been filed to assail the order dated 19.10.2009, passed by the Rent Controller, Samana, whereby he permitted Respondent No. 1/landlady to tender into evidence her supplementary affidavit and the same be read as a part of her examination-in-chief.

(2.) In the present case, ejectment petition was filed by the landlady on 27.3.2006. A written statement was filed on 28.7.2006. Thereafter, replication was filed by the landlady on 14.9.2006 and on the same day, the issues were drawn. The landlady has tendered her affidavit, into her evidence, on 20.8.2007. Thereafter, on 5.11.2007, an application for amendment of the petition was filed by the landlady stating therein that due to inadvertence an averment to comply with the statutory provisions was not made. Therefore, she be permitted to amend the petition, in consonance with the statutory requirements. The landlady intended to introduce the following portion in the ejectment petition, by way of an amendment:

(3.) The amendment was allowed and the amended ejectment petition was filed, wherein the above said portion was also pleaded. In pursuance of the affidavit filed, before the amendment, the Petitioner/tenant had cross-examined the landlady. Lateron, an application was filed by the landlady with a prayer that she be allowed to submit the portion which was allowed to be brought on record by way of amendment. This was opposed by the tenant. However, the objections, so raised by the tenant, were dismissed. Hence, the present revision petition is filed against the impugned order, whereby the Rent Controller permitted the landlady to supplement her affidavit submitted in examination-in-chief.