JASWANT SINGH Vs. AMRIK SINGH

JUDGEMENT

(1.) The present revision petition has been filed against the order dated 19.08.2011 whereby an application for amendment under Order 6 Rule 17 CPC by the landlord has been dismissed on the ground that the case is at its final stage and if the amendment is allowed, it will re-open the whole case.

(2.) The petitioner-landlord, Chet Singh, now represented through his grandson, Jaswant Singh, had filed a petition for the eviction of the tenant from shop No.5 forming part of the property B.XVIIII. 3792/1 on the ground of non-payment of rent and for personal use and occupation for running the business of footwear. It was alleged that the son of Chet Singh namely Major Singh had died about 13 years back leaving behind one son and daughter and Chet Singh had brought up his grand-children and they had grown-up and the grandson, Jaswant Singh was capable of helping the landlord and the landlord was not doing any work and he had no other immoveable property to run the business and for setting-up the business of his grandson, he required the premises.

(3.) During the pendency of the ejectment proceedings, the Rent Controller, Ludhiana passed an order whereby the landlord was allowed to give evidence in rebuttal by explaining the subsequent event that 2 shops had fallen vacant. The said order was set aside by this Court on 30.04.2009 on the ground that there were no pleadings to that effect. Thereafter, the application under Order 6 Rule 17 CPC was filed for amendment of ejectment petition.