SANT FOOTWEAR PVT. LTD. Vs. SARVINDER SINGH

JUDGEMENT

(1.) The present revision petition is directed against the order dtd. 6/3/2019, passed by the learned Rent Controller, Chandigarh vide which the application filed by the respondent under Order 6 Rule 17 of the Code of Civil Procedure, 1908 (for short 'CPC') for amendment of the eviction petition was allowed.

(2.) The facts, as emanating from the revision petition, are that an eviction petition was filed by the respondent-landlord under Sec. 13-B of the East Punjab Urban Rent Restriction Act, 1995 (for short 'the Rent Act') for eviction of the petitioner-tenant from SCO No.85-86, Sector 17, Chandigarh (hereinafter referred to as 'the demised premises') on the ground of personal necessity as he intended to open a multi-utility mall.

(3.) The respondent-landlord claimed to have become co-owners to the extent of 16.6% share in the demised premises on the basis of a family settlement. It was claimed that the petitioner-tenant was a tenant on the ground floor (front side portion) of the demised premises. The tenancy was a monthy tenancy. The petitioner required the demised premises for his personal use and occuption for running multi-utility Mall. It has been averred that the petitioner did not own or possess any other non- residential/commercial property for the said purpose. Under the circumstances, the petition was filed.