SANDEEP KUMAR SHARMA Vs. CHANDER KANT

JUDGEMENT

(1.) The present revision petition is directed against the impugned order dtd. 5/3/2020 (Annexure P-6) whereby, the application for amendment of the written statement has been dismissed by the Rent Controller, Pathankot. The reasoning given in the said order is that the application had been filed at a belated stage after the commencement of the trial and after the evidence has been led by the plaintiff. It was observed that a new plea was being sought to be introduced which was not part of the original written statement and no such plea of co-sharer was raised on an earlier occasion. The relationship had been admitted and during the cross examination also, no such plea was raised. The amendment would, thus, introduce a new plea and would result in re-trial of the case and there was nothing to show from the revenue record also that the applicant was a co- sharer. Counsel has submitted that on account of change of counsel, as such, the necessity arose after seeking better legal advice.

(2.) The said argument is not liable to be accepted. The ejectment was sought from the shop in question on the ground that there was a rent note inter se the parties and the tenancy had been terminated on account of the fact that the property was required for need of the children for establishing business in the shop in question.

(3.) In the written statement filed, it was admitted that the defendant-petitioner is a tenant in the shop at a monthly rent of Rs.3,000.00 since the last more than 14 years, the property having been taken on rent from Madan Lal Azad, who was the predecessor-in-interest of the plaintiffs.