WEKANTI LEONG AND ORS. Vs. JATINDER KAUR

JUDGEMENT

(1.) The petitioner-tenants have challenged order dated 21.3.2013 (Annexure P-5) vide which the Rent Controller has dismissed their application for amendment of the written statement on the plea that the amendment sought for is not necessary for adjudication of the matter in controversy as pleading of the petitioners already existing, cover the stand now sought to be introduced by amendment of the written statement. Claim of the petitioner-tenants in this revision petition is that the ground inter-alia of personal necessity put-forth by the landlord is not only non-existent but has been introduced merely to harass the petitioners. It is claimed that by way of amendment, the petitioner-tenants want to elaborate this plea going ahead of the averments made in the written statement (Annexure P-2), already on record.

(2.) Counsel for the respondent-landlady has urged that when the plea that ground, inter-alia, of personal necessity has not been taken bonafide by the landlady, is already there in the written statement of the petitioner-tenants, what evidence is required to be produced to prove the same, is not required to be brought in the written statement. Claiming the revision petition to be devoid of merit, its dismissal has been sought. Hearing has been provided.

(3.) Eviction petition against the petitioner-tenant, on the ground of non payment of rent and personal necessity, under the East Punjab Urban Rent Restriction Act, 1949, is pending adjudication before the Rent Controller, Ludhiana since 20.7.2010. On the ground of personal necessity, the landlady has claimed that she requires the premises for use and occupation of herself as also for her husband who retired on 30.7.2009 as Chief Engineer in the Punjab State Electricity Board and is now without any work, though he is a highly qualified person. It is claimed that they want to start business of electrical/electronics goods in the premises in dispute. On her part, the landlady has averred that she herself is educated and would run the business along with her husband.