NITIN MEHRA Vs. SHASHI SETH AND OTHERS

JUDGEMENT

(1.) Nitin Mehra - respondent no.1 before Rent Controller has filed this revision petition under Art. 227 of the Constitution of India assailing order dated 09.09.2011, passed by learned Civil Judge (Junior Division)/ Rent Controller, Amritsar, thereby dismissing application moved by tenants (petitioner and proforma respondents no.2 to 4 herein) for amendment of their written statement in ejectment petition filed by respondent no.1 landlady under the East Punjab Urban Rent Restriction Act, 1949 (in short - the Rent Act).

(2.) Respondent no.1 herein - Shashi Seth has filed ejectment petition under the Rent Act seeking ejectment of petitioner and proforma respondents no.2 to 4 (son, widow and two daughters of Tilak Raj Mehra) from disputed shop no.327/XII-3(old) and new No.28, situated at Amritsar on the ground that landlady is in bona fide requirement of the demised shop for expansion of business of her sons. The landlady and her sons are already in occupation of adjoining shop no.326.

(3.) Tenants moved application Annexure P-1 for amendment of written statement to plead that after filing of the present ejectment petition, the landlady has sold two shops bearing no.328 and no.329 to one Manjit Singh (tenant thereof) and his sons vide sale deed dated 22.01.2010. In the said sale deed, the landlady also stated that she is in possession of land of khasra no.4//10/1 min. towards South of the two shops, which were sold. Accordingly, the tenants want to plead by amendment that landlady and her sons already have other sufficient property for their business. Other ancillary averments are also sought to be made by way of amendment. The amendment application has been dismissed by learned Rent Controller vide order Annexure P-2, which is under challenge in this revision petition. I have heard learned counsel for the petitioner and perused the case file.