LAWS(P&H)-2007-7-25

ASHOK KUMAR Vs. MOHINDER PAL SINGH

Decided On July 26, 2007
ASHOK KUMAR Appellant
V/S
MOHINDER PAL SINGH Respondents

JUDGEMENT

(1.) THIS order shall dispose of above-said Civil Revision Nos. 1920, 1922 and 2791 of 2007. Civil Revision Nos. 1920 and 1922 of 2007 have been preferred by Ashok Kumar against the orders dated 12.02.2007 and 28.03.2007 respectively, while Civil Revision No. 2791 of 2007 has been filed by Jagan Nath against the order dated 26.04.2007.

(2.) IT is apposite to mentioned here that the petitioner Ashok Kumar earlier filed the application before the learned Rent Controller for incorporating certain facts by way of amendment and that application was dismissed by the learned Rent Controller vide order dated 12.02.2007, which has been impugned in Civil Revision No. 1920 of 2007. There after, Ashok Kumar again moved an application for amendment of the written statement, in the same ejectment petition, which was dismissed vide impugned order dated 28.3.2007 and has been challenged in Civil Revision No. 1922 of 2007.

(3.) DURING the pendency of the ejectment petitions, both the petitioners filed separate applications seeking amendment of their written statement. The spirit of the amendments sought by the petitioners is to the effect that the plea of personal necessity, so raised by the respondents, has become redundant, in view of the developments made during the pendency of the ejectment petition. According to then, respondent-Mohinder Pal Singh has shifted with his family to Kapurthala and similarly the plea of personal necessity has ceased to exist as Jatinder Pal Singh has been given the possession of the shop, so vacated by another tenant namely Joginder Singh. As said above, the said applications have been dismissed by the learned Rent Controller. Dissatisfied with the same, the instant revisions have been preferred.