GIANI RAM Vs. PREM NARAIN

JUDGEMENT

(1.) THIS revision petition under Section 15(6) of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (hereinafter called 'the Act') is directed against the order dated December 7, 1984 of the learned Rent Controller, Rohtak, whereby he has dismissed the application made by the petitioner seeking amendment of the written statement.

(2.) BRIEFLY stated the facts of the case are that a petition for eviction of Giani Ram, petitioner filed by Prem Narain and others is pending in the court of the learned Rent Controller. When the evidence of the petitioner was being recorded on 23rd July, 1983 the present petitioner filed an application seeking an amendment of the written statement by raising a plea that Mohan Lal and Giani Ram, petitioner had taken the demised premises on lease from Nathu Ram, the predecessor-in-interest of Prem Narain and others and that the lease-deed had been registered on 5th January, 1966. When Giani Ram filed a written statement in the ejectment application, inadvertently this fact has not been disclosed. Since Mohan Lal is a co-tenant, his presence before the Rent Controller is necessary to finally and effectively adjudicate the controversy. This application for amendment was resisted by Prem Narain and others on the plea that the application was filed at a belated stage simply to delay the proceedings. This plea found favour with the learned Rent Controller. He dismissed the amendment application on the ground that the factum of execution of the alleged rent note and the receipts alleged to have been issued by one of the landlords in the year 1978-79 were very well in the knowledge of Giani Ram. He also knew that the tenancy was a joint one. He should have filed a written statement on his own behalf and on behalf of Mohan Lal the alleged co-tenant. Since Giani Ram had been sleeping over his rights, the application merited dismissal.

(3.) THE amendment in the present case cannot be said to be mala fide. No contradictory or frivolous stand was sought to be taken. The amendment is also not very much belated.