BHAGWAN SARUP SHARMA Vs. INDER MOHAN SHARMA

JUDGEMENT

(1.) This is a revision directed against the orders of the learned Rent Controller, Jullundur, dated 5th of February 1980, disallowing the application of the petitioner for amendment of the written statement.

(2.) The facts of the case are that Jujhar Singh petitioner is a tenant under the respondent in a shop situated at Nakodar Road, Jullunder at monthly rent of Rs. 200/-. On 27th of August 1977. Datar, Singh filed eviction application in the court of the Rent Controller at Jullundur for the eviction of Jujhar Singh petitioner taking numerous grounds. One the grounds taken was that the present petitioner at the time of his appearance before the Rent Controller tendered arrears of rent from 1st of April 1977 till that date and took the plea that the rent uptil 31st of March, 1977 had already been paid to the landlord. After framing of the issues the landlord commenced his evidence and concluded it in 1978. 9th of October, 1978 was the first date allowed to Jujhar Singh petitioner to lead his evidence. He did not examine any evidence till 30th of January, 1980, when this application for amendment or the written statement was filed, though, according to the learned counsel for the petitioner, diet money for summoning the witness had already been deposited. Through the amendment sought vide this application the petitioner wants to introduce in the written statement that he had spent Rs. 17600/. on the construction and, renovation of this shop with the consent of the landlord and bad a right to adjust it towards the rent.

(3.) The learned Rent Controller dismissed the petition and his order is being agitated in this revision.