GURCHARANJIT SINGH Vs. BALDEV SINGH

JUDGEMENT

(1.) Petitioner (tenant) is in revision under Article 227 of the Constitution against the order dated 05.01.2013 (P-6) passed by the learned Rent Controller, Ludhiana whereby his application under Order 6 Rule 17 CPC for amendment of written statement has been dismissed. In brief, facts of the case are that the landlord filed an ejectment application against the petitioner (tenant) on the ground of personal use and occupation as well as on non payment of arrears of rent since the year 2008.

(2.) Upon notice, petitioner (tenant) filed his written statement whereby he had admitted his relationship with the landlord. Thereafter the landlord led his entire evidence and closed the same. Consequently, the ejectment application was fixed for tenant's evidence when the present application (P-4) was moved by the petitioner (tenant) for amendment of written statement whereby he sought amendment to the effect that there exists no relationship of landlord and tenant. The learned Rent Controller vide impugned order dated 5.1.2013 (P-6) dismissed the said application on the ground that the petitioner (tenant) cannot be permitted to withdraw his admission and take a contrary stand at this stage when the same is fixed for his evidence. Aggrieved against the same, present petition has been preferred.

(3.) I have heard learned Counsel for the Petitioner (tenant) and have gone through the case filed carefully with his able assistance.