BALJEET SINGH Vs. MANJEET KAUR

JUDGEMENT

(1.) THIS revision petition under Article 227 of the Constitution of India has been moved to challenge the order dated 7.6.2008 passed by the learned Rent Controller dismissing an application moved by the petition for amendment of written statement.

(2.) THE petitioner is a tenant and the ejectment of the petitioner has been sought by landlord Manjeet Kaur on the ground of personal need. The trial has already commenced and the case is fixed for cross-examination of the landlord's witnesses.

(3.) THE learned trial Court rejected the application by coming to conclusion that the landlord is Manjeet Kaur whereas the shops were said to have been inherited by her husband along with other co-sharers, thus, the learned Rent Controller came to conclusion that the amendment sought is not relevant to the matter in issue as it was for the landlord to decide as to which shop she would like to get vacated. The learned Courts below also observed that the shop did not belong to the petitioner but the husband. The learned counsel for the petitioner by placing reliance on the judgment of the Hon'ble Supreme Court in the case of B.K.N. Pillar v. P. Pillai, 2001(1) RCR(Rent) 10 contended that power to allow amendment is wide and can be exercised at any stage of the proceedings in the interest of justice. The contention of the learned counsel for the petitioner is that in view of the law laid down by the Hon'ble Supreme Court in the case of B.K.N. Pillai v. P. Pillai (supra) the Court was not justified in adopting hypertechnical approach while dealing with prayer for amendment.