GURNAM SINGH Vs. ROSHAN LAL

JUDGEMENT

(1.) GURNAM Singh petitioner has filed the present revision petition with a prayer that impugned order dated 05.02.2008 passed by the Rent Controller, Baba Bakala, Amritsar, whereby the application to amend the ejectment application has been refused, be set aside and amendment as prayed for be allowed.

(2.) GURNAM Singh petitioner-landlord instituted an application for ejectment of tenant under Section 13-A of the Rent Restriction Act (III), 1949 (hereinafter referred to as, 'the Act'). The demised premises was a shop. The shop was let out by Piara Singh, father of the petitioner. After the death of Piara Singh, tenant has been paying the rent to the petitioner. Therefore, petitioner had stepped into the shoes of his father, Piara Singh, as landlord.

(3.) ADMITTEDLY , the ejectment application was filed under Section 13-A of the Act and Section 13-A is not applicable to commercial buildings. Therefore, another application was filed seeking amendment in the petition, with a prayer that petition be tried under Section 13 of the Act instead of Section 13-A of the Act. It was stated in the application that since an objection has been raised by the tenant that Section 13-A of the Act is not applicable to the commercial buildings and the petition is not legally maintainable, therefore, to overcome this objection, amendment has been sought. It was further prayed that the hypertechnicalities should not stand in the way and law of amendment being very liberal with an object to avoid multiplicity of proceedings, in order to reduce litigation, prayer of amendment be granted.