In this revision, the petitioner challenged the Rent Controller's permission to amend the eviction petition to plead lack of possession by the tenant. The Court held the delay was immaterial to curing a mere lapse and dismissed the revision.
The revision petition was dismissed, in limine, without allowing the proposed amendment.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Civil Revision No. 6872 of 2010
1
In the High Court of Punjab and Haryana, at Chandigarh.
Civil Revision No. 6872 of 2010
Date of Decision: 25.10.2010
Nadeem Ahmed Javed
…Petitioner
Versus
Suresh Kumar and Another
…Respondents
CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.
Present: Mr. Ram Bilas Gupta, Advocate for the petitioner.
Kanwaljit Singh Ahluwalia, J. (Oral)
The landlord pleaded the ground of personal necessity and
averred as under:-
“...(iv) That the petitioner require the said shop for his personal use and occupation...”.
Statutory requirement that the landlord has neither vacated the shop nor possessed the same was not pleaded in the eviction petition. Therefore, by amendment, the following line was sought to be introduced:-
“...The petitioner has not vacated the shop neither possessed in the Urban Area of Faridabad nor have any other shop...”
This being formal in nature, the Rent Controller, Faridabad, has rightly allowed the amendment. However, grievance of the petitioner
Civil Revision No. 6872 of 2010
2
is that this has been done after a delay of about two and a half years. The delay will not bar the respondent/landlord to cure the defect which was a mere lapse due to inadvertence. The Rent Controller has also awarded the cost in favour of the petitioner.
Hence, no interference is warranted in the present revision petition and the same is hereby dismissed, in limine.
(Kanwaljit Singh Ahluwalia) Judge
October 25, 2010 “ DK ”
1 issue framed by the court
Whether the delay of two and a half years in introducing an amendment to plead statutory necessity warrants interference by the High Court.
Nadeem Ahmed Javed
Suresh Kumar
Another
Kanwaljit Singh Ahluwalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
