YOGESH KUMAR Vs. GURJIT SINGH

JUDGEMENT

(1.) The petitioners are aggrieved of order dtd. 3/1/2017 passed by the learned Rent Controller, Ludhiana whereby the petitioners' application for amendment of their petition, has been dismissed.

(2.) Brief facts necessary for the adjudication of the case are that, a petition under Sec. 13 of the East Punjab Urban Rent Restriction Act, 1949 (for short, the 'Rent Act') was filed by the petitioners-landlord seeking eviction of the respondents-tenants from demised premises as detailed in the petition. It was pleaded by the petitioners that they were in the business of manufacturing of power press in rented premises in Plot No.10509, Street No.2, Bhagwan Chowk, Janta Nagar, Ludhiana under the name and style of M/s Hari Om Industries. The landlord of the petitioners had asked them to vacate the premises. Moreover, the petitioners wanted to separate their business and run the same in the demised premises. The tenanted premises with the respondent-tenant was considered more suitable for their business. The petitioners, it is stated, were not having any other property in the local urban area concerned nor they vacated any such property during the preceding two years. As such they required the demised premises for their bonafide personal necessity. Petition was contested by the respondents- tenants. Written statement was filed by the respondents denying the said averments.

(3.) An application was moved by the present petitioners seeking amendment of their petition to the extent of incorporation of the fact that the rented premises as mentioned in the petition had been vacated by them in the year 2014. Moreover, earlier also they had vacated some other rented premises in the year 2009. The petitioners further sought to incorporate in the pleadings that they were not occupying any such premises and had not vacated any such premises without sufficient cause after commencement of the Act.