DARSHNA RANI Vs. BASHESHAR NATH TRUST

JUDGEMENT

(1.) THIS Revision Petition has been filed against the order dated 17.8.2006 passed by learned Rent Controller vide which an application moved by the petitioner-tenant under Order 6 Rule 17 Civil Procedure Code, 1908 for amendment of the written statement, has been ordered to be dismissed.

(2.) THE respondent-landlord filed a petition for eviction of the petitioner from House No. 3301/21, Saudagar Bazar, Ambala Cantt. under the provisions of Haryana Urban (Control of Rent and Eviction) Act, 1973 (for short the 'Act'). The petitioner by way of amendment sought to (raise) a plea that house in question was owned by the Government of India and managed by the Cantonment Board which created only occupancy rights in favour of one Lalla Bisheshar Nath. The said Lalla Bisheshar Nath had created a Trust on the premises in question through gift deed dated 20.10.1945 and appointed all eleven trustees to manage the property on behalf of holder of occupancy rights i.e. Lalla Bisheshar Nath.

(3.) TENANT -petitioner sought to amend his written statement by asserting facts mentioned above, the application was contested. The averments made in the application, was denied. The respondent-landlord further denied that the house in question was owned by the Government of India and managed by the Cantonment Board.