HARBHAJAN SINGH Vs. JAI SHREE KISHAN

JUDGEMENT

(1.) THIS present revision petition is directed against the order of the learned Rent Controller, Hoshiarpur and of the learned Appellate Authority, Hoshiarpur dated 15.9.1997 and 20.8.1998 respectively. The learned Rent Controller had pased an order of eviction against the petitioner and another. The appeal filed by the petitioner had been dismissed. Hence the present revision petition.

(2.) THE premises in question had been let to the petitioner and for purposes of the present revision petition suffice to say that the surviving ground of eviction had been that the petitioner had sublet the property to Surinder Kumar. The defence of the petitioner was that there is a partnership between him and the abovesaid alleged sub-tenant. Both the learned Rent Controller and the Appellate Authority returned a finding that it is a case of subletting and rejected the claim of the petitioner.

(3.) ON both the counts, the said contention of the learned Counsel must be negatived. It is true that proper pleadings must be forthcoming, but when parties contest the case fully knowing the nature of the litigation and the defence is not prejudiced, in that event at a late stage in this court, it will not be appropriate to permit such a plea. No such prejudice is caused to the petitioner because as already pointed above, the petitioner knew what is alleged by the landlord and he did take up the plea that it is a case of partnership. Therefore, the learned Rent Controller rightly came to the conclusion that there is no prejudice caused to the petitioner in this regard.