SUNDER LAL CHOPRA AND SONS Vs. RAJ RASTOGI

JUDGEMENT

(1.) The present revision petition under Article 227 of the Constitution of India has been filed for quashing the order dtd. 3/2/2020 passed by the Rent Controller whereby the application filed by the tenantpetitioner for amendment of the written statement has been dismissed.

(2.) Learned counsel for the tenant-petitioner would contend that the petition for ejectment has been filed by the landlord-respondent on the grounds of non-payment of rent and that the premises had become unfit and unsafe for human habitation. Written statement-cum-counter-claim was filed to the said ejectment petition. On 21/2/2019 an application under Order 6 Rule 17 CPC was filed on the ground that during the pendency of the ejectment petition the landlord-respondent had himself damaged the roof of the demised premises by removing the tiles, making two big gaps, ditches 12' x 15' x 6' inches and also damaged the cemented roof/floor in order so that the water can pour into the shop. It was further stated in the application that the tenant-petitioner had moved a complaint to the SHO Police Station, Ambala Cantt. and hence the necessity arose to file the application for amendment of the pleadings. Learned counsel for the tenant-petitioner would further contend that the amendment application was dismissed only on the ground that the same has been filed at a belated stage when the ejectment petition was fixed for rebuttal evidence of the tenant-petitioner. It was further noticed that the proposed amendment would lead to a de novo trial of the case. Learned counsel has on instructions categorically stated that the tenant-petitioner does not seek to lead any further evidence and would argue the matter whenever the same is fixed for arguments.

(3.) Per contra, learned counsel for the landlord-respondent has contended that the tenant-petitioner had filed a Police complaint in the year 2015 that the landlord-respondent had damaged the building. However, no further efforts were made to move the amendment application till 2019 when the case was fixed for rebuttal and arguments. Learned counsel for the landlord-respondent has relied upon the judgment of Hon'ble Supreme Court in the case of Mashyak Grihnirman Sahakari Sanstha Maryadit Vs. Usman Habib Dhuka and Ors. [2013 (2) RCR (Civil) 965] to contend that in view of the fact that the tenant-petitioner had the knowledge, the amendment application was rightly dismissed by the Rent Controller. Further, reliance has been placed upon the judgment in the case of Jaspal Kaur and Anr. Vs. Mohinder Singh and Ors. [2014 (9) RCR (Civil) 2935].