SUBHAGYA WATI Vs. TARSEM LAL

JUDGEMENT

(1.) THIS is revision against the order of Rent Controller, Hoshiarpur dated 28.8.1992 whereby he refused to allow Smt. Subhagya Wati and her son to amend their application for ejectment to say that the rate of rent was Rs. 425/- per month with effect from 1.4.1988.

(2.) THIS application has arisen in the following circumstances.

(3.) THIS application was opposed by the respondents urging that this amendment should not be allowed as if this amendment is allowed, that would tantamount to enabling them to withdraw their admission that the rate of rent was Rs. 400/- per month. No admission should be permitted to be withdrawn if it works to the detriment of the other party. It was denied that there was any compromise. Rent was increased from Rs. 400/- to Rs. 425/- per month at the time when new tenancy was created. Receipt was issued fraudulently in the name of Ram Parkash who had already died. Shri Shakti Singh counsel for Subhagya Wati etc. had made statement in the court that the rate of rent was Rs. 400/- per month with effect from September, 1988. No mention was made at that time about the alleged oral agreement. Rent was tendered at the rate of Rs. 425/- per month, though the same had been claimed at Rs. 400/- per month.