SUN TRADING Vs. TARSEM SINGH LALLY

JUDGEMENT

(1.) - Through this revision under Article 227 of the Constitution of India, tenants have laid challenge to order dated 29.08.2019 (Annexure P-14), whereby their application under Order 6 Rule 17 read with Section 151 CPC for amendment of written statement, has been dismissed by learned Rent Controller.

(2.) Briefly, respondent-landlord filed eviction petition against the petitioners under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 on the ground of bona fide necessity. After due notice by the learned Rent Controller, petitioners filed their reply. From the pleadings of the parties, learned Rent Controller framed necessary issues and called the respondent-landlord to lead his evidence. In the meantime, petitioners moved application for amendment of their written statement to add para Nos.8 to 11 in the preliminary objections. By way of amendment it was desired by the petitioners to bring on record the fact that during her lifetime Dharmi, mother of respondent-landlord had filed eviction petition, but she died during its pendency. Her husband was impleaded as her legal heir. Finally, eviction petition of deceased Dharmi was dismissed on technical grounds.

(3.) Since, the above fact was specifically pleaded by the respondent in eviction petition and was already on record, therefore, learned Rent Controller rejected the incorporation of said fact by the petitioners in their written statement by way of amendment, which was already brought on record by the respondent-landlord. Petitioners also wanted to plead by way of amendment that respondent in a eviction petition against some other tenant compromised, which was also not permitted.