JAGDISH RAI Vs. GULBIR SINGH

JUDGEMENT

(1.) TENANT Jagdish Rai has filed this revision petition under Section 15 (5) of the East Punjab Urban Rent Restriction Act, 1949 (in short ? the Act) assailing order dated 28.07.2011, passed by learned Rent Controller, Khanna, thereby allowing application of respondent-landlord Gulbir Singh (since deceased and represented by his legal representatives) for amendment of ejectment petition. 3

(2.) RESPONDENT-landlord filed ejectment petition under Section 13 of the Act seeking ejectment of the tenant-petitioner from the demised shop inter alia on the ground of personal necessity thereof. By amendment of ejectment petition, the landlord wanted to plead that he had not vacated any such building in the urban area concerned or anywhere else after the commencement of the Act. The said amendment has been allowed, subject to payment of Rs.1,000/- as costs. Feeling aggrieved, tenant has filed this revision petition.

(3.) COUNSEL for the petitioner contended that no opportunity was given to the tenant to file reply to the amendment application. However, the impugned order cannot be set aside on this ground. It is not necessary to obtain reply to each and every application. In the instant case, it is one of the essential ingredients of the ground of personal necessity to plead and prove that the landlord has not vacated any such building in the urban area concerned after commencement of the Act. In the instant case, pleading to this effect was lacking, and therefore, the landlord, by amendment, sought to plead the said ingredient. The amendment has, therefore, been rightly allowed and the tenant has been compensated by costs.