LAWS(P&H)-2011-4-61

AVTAR SINGH Vs. TARA RANI

Decided On April 29, 2011
AVTAR SINGH Appellant
V/S
TARA RANI Respondents

JUDGEMENT

(1.) This revision petition is directed against order dated 15.09.2010 passed by the learned Appellate Authority, Sangrur by which an application filed by the Petitioner under Order 6 Rule 17 of the Code of Civil Procedure, 1908 [for short "CPC"] has been declined.

(2.) In short, the landlord filed an eviction petition in respect of a shop, inter alia, on the ground of arrears of rent. The tenant did not appear despite service, therefore, he was proceeded against ex-parte on 21.08.2007 which order was set aside on 16.09.2008. Thereafter, the landlord filed an application for assessment of provisional rent which was assessed by the Rent Controller for 38 months @ '6,000/-per month, amounting to '2,28,000/-along with interest and costs which came to be '2,50,730/-, but he failed to pay the same and consequently he was ordered to vacate the demised premises within 2 months from 06.01.2009.

(3.) During the pendency of appeal, the tenant filed an application for seeking amendment in the written statement for adding the ground that the tenant was in possession of a Chaubara as well @ '500/-per month and has paid its rent, but could not take this plea in the written statement. The said plea was negatived by the learned Appellate Authority on the ground that it is not a plea which was not within the knowledge of the tenant at the time when the written statement was filed, rather the tenant had alleged that the demised premises (shop) was in his possession at a monthly rent of '5,500/-instead of '6,000/-. Learned Counsel for the Petitioner further submits that the amendment sought would not change the nature of the dispute, rather it would help the Court below to decide the dispute finally between the parties.