GURJOT SINGH GILL Vs. VIKRAMJIT SINGH

JUDGEMENT

(1.) Present revision petition is directed against the order dated 04.01.2016 (Annexure P/3) whereby the application for amendment of the ejectment petition has been dismissed by the Rent Controller, Amritsar. The amendment which was sought, was regarding the details of ownership of the property owned by the landlord. The tenant objected to the application on the ground that it was only to fill up the lacuna and the facts were in the knowledge of the landlord at the time when the petition was filed. Therefore, ignorance of law was no excuse.

(2.) The Rent Controller noticed that it has been admitted during the cross-examination qua the ownership of other property, and therefore, the application was dismissed keeping in mind that the trial was already at the verge of conclusion and fixed for respondent evidence.

(3.) A perusal of the eviction petition would go on to show that the landlord has specifically mentioned in paragraph No. 4 that he had not vacated any building for sufficient cause after the commencement of the Act in the urban area of Amritsar and he had not occupied any building in the area of urban side of Amritsar. The respondent tenant had contested the same by filing the written statement that the petitioner owned and possessed other such commercial properties and he carries on business in Amritsar and he has pleaded this fact in the preliminary objections. In para No. 4(ii), on merits, it was also mentioned that besides the property in question, the applicant also owned commercial property where he carries on business.