PAWAN KUMAR Vs. GAJINDER SINGH

JUDGEMENT

(1.) Petitioner-tenant is aggrieved against the order dated 25.07.2016 (Annexure P6) whereby the application for amendment of the written statement has been rejected.

(2.) The amendment sought was only as to whether the property fell within the Municipal limits of the Corporation or not and whether it fell within the revenue estate of Village Gill-2, Ludhiana and therefore, whether the provisions of the East Punjab Rent Restriction Act, 1949 would be applicable or not. The same reads as under:

(3.) The same has been denied on the ground that the trial had commenced and therefore, the issue regarding the maintainability of the suit had already been framed vide order dated 24.07.2013 and the burden to prove the same was upon the petitioner. He could lead evidence regarding the non-maintainability on account of lack of jurisdiction and therefore, the fact that the case was at the respondent's evidence, the application filed was dismissed.