MUKESH KUMAR VADEHRA Vs. SURINDER KUMAR

JUDGEMENT

(1.) In the present petition, the challenge is to the order dated 22.05.2010 passed by the Rent Controller, vide which an application for amendment of the petition has been rejected by the Rent Controller.

(2.) Counsel for the Petitioner contends that certain wrong averments were made in para - 5 of the petition, which need to be rectified and, therefore, the amendment was necessitated. He contends that the case is at the initial stage and, therefore, the said amendment should have been allowed by the Rent Controller.

(3.) I have gone through the original petition, which has been appended with the case file as Annexure P-1. A perusal of the same clearly indicates that there was a specific admission made by the Petitioner C.R. No. 8433 of 2010 2 in the petition which was with regard to the earlier filing of the petition under Section 13 of the East Punjab Urban Rent Restriction Act on the basis of ground of non-payment of rent from the month of February, 2002 up-to May, 2009 in the Court, which was withdrawn by the Petitioner on 18.05.2009 after receiving the rent. This averment when was countered by the Respondent in his written statement, the Petitioner sought to seek an amendment of the same. The order passed by the Rent Controller rejecting the said amendment reads as follows: