CHANCHAL SHARMA Vs. DES RAJ

JUDGEMENT

(1.) This revision petition is directed against order dated 17.08.2010 passed by the learned Appellate Authority (Fast Track Court), Amritsar, by which application filed under Order 6 Rule 17 of the Code of Civil Procedure, 1908 [for short "CPC"] by the landlady for amendment of the eviction petition in order to change the nature of necessity in the grounds of eviction originally pleaded, has been declined.

(2.) The Petitioner filed an application under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 [for short "the Act"] in order to evict the Respondent from the demised premises (shop) being a part of Building No. 54, Punjab Roadways Colony, Islamabad, Amritsar which was allegedly rented out @ '200/- per month. The ejectment was sought, inter alia, on the ground of personal necessity which was pleaded as under:

(3.) The learned Rent Controller, Amritsar, vide his order dated 10.11.2006, dismissed the eviction petition on all counts and while recording the finding with regard to personal necessity observed as under: