GOD GRACE HOSIERY WOOLS Vs. SUSHMA RANI

JUDGEMENT

(1.) Petitioner(tenant) is in revision under Article 227 of the Constitution whereby it has challenged the impugned order dated 22.09.2012(P-5) passed by learned Rent Controller, Ludhiana whereby the application filed by the petitioner(tenant) for amendment of its written statement has been declined.

(2.) In brief, the facts of the case are that the respondent(landlady) had filed a petition before the learned Rent Controller, Ludhiana for ejectment of the petitioner(tenant) from the shop forming part of building no.B-4-260, Lalu Mal Street, Ludhiana on the ground that the same is required for the use and occupation of her son namely Kapil Kumar who wants to do his own independent business and also on the ground of non payment of arrears of rent. Against the said ejectment petition, petitioner (tenant) filed written statement whereby it had denied all the averments and also stated that the respondent(landlady) has not come to the court with clean hands and also took objections regarding concealment of true facts. Thereafter, issues were framed and the landlady had closed her evidence and thereafter the matter was fixed for tenant's evidence when the present application for amendment of the written statement was moved.

(3.) Vide the said amendment, petitioner(tenant) had averred that certain facts had come to the knowledge of the tenant regarding the fact that the respondent(landlady) had purchased certain properties and the same are commercial in nature. It was further averred in the application that the said properties were sold by husband of the landlady vide sale deed dated 25.05.2011. It was also stated in the application that son of the landlady is a LIC agent and this fact has come into the knowledge of the petitioner in the cross examination. Thus, it was stated that since these facts have come to the knowledge of the petitioner(tenant) after filing of the written statement, hence the application to add all the pleas in the written statement.