RAM PARKASH RAKESH KUMAR Vs. CROWN ASSOCIATES

JUDGEMENT

(1.) Case taken up through video conferencing. 1. Under challenge in this revision petition is order dtd. 17/10/2016 (copy Annexure P1) passed by Rent Controller, Chandigarh in Rent Application No.2468 of 2013 titled M/s Ram Prakash Rakesh Kumar Versus M/s Crown Associates and Anr., vide which application dtd. 21/10/2015 (copy Annexure P7) filed by petitioner/landlord M/s Ram Parkash Rakesh Kumar seeking amendment of the rent petition had been dismissed.

(2.) Briefly stated, facts of the case as per the version of the petitioner/landlord are that the petitioner/landlord had filed two ejectment petitions against respondents M/s Crown Associates and its proprietor Sh.Rajwinder Singh; in the first petition petitioner had sought eviction of respondents from 165/5 square feet portion occupied by respondents as tenants on the first floor on backside of SCO 8, Sector 20-D, Cloth Market, Chandigarh, on the ground of non-payment of rent and personal necessity, whereas in the second ejectment petition filed simultaneously on that very day i.e. 24/1/2009 against Rajwinder Singh ' respondent No.2 and one Kapil Nagpal as well as M/sBharti Airtel Ltd, seeking their eviction from 108 square feet and 100 square feet i.e. two adjoining cabins on first floor of SCO 8, First Floor, Sector 20-D,Cloth Market, Chandigarh on the ground of personal necessity and subletting, alleging that Kapil Nagpal had sublet the premises to Rajwinder Singh and M/s Bharti Airtel Ltd., who had set up a call centre in the premises; another ground was that of non-payment of rent.

(3.) On 5/10/2009 Rajwinder Singh ' respondent had filed written statement in first petition stating that he as proprietor of M/s Crown Associates was tenant in the entire portion of 480 square feet on first floor backside of SCO 8, Sector 20-D, Chandigarh, at initial rate of rent @ Rs.9,500.00 per month in the year 2001, which was subsequently increased to Rs.12,600.00 per month and it is the current rate of rent. Such respondent denied that he is in possession of 165.5 square feet of the property as tenant. In the second ejectment petition, respondent No.2 Rajwinder Singh filed written statement on 23/9/2009, wherein he took the identical stand claiming that he is the tenant in the entire backside half portion of 480 square feet with current rate of rent being Rs.12,600.00.