Bir Singh Vs Vijay Kumar Mangla & Ors.

This is tenant's revision petition challenging the order dated 26.11.2011 of the Rent Controller, Palwal whereby his application for amendment of the written statement has been rejected.

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As per the averments made, the respondent-landlord sought ejectment of the petitioner from the demised premises on the ground of non-payment of arrears of rent, its being unfit and unsafe for human habitation and personal necessity.

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The written statement was filed on behalf of the petitioner on 31.5.2007 wherein the relationship of landlord and tenant between the parties was admitted. Thereafter, issues were framed and evidence of the petitioner was concluded on 22.9.2011 . Not only this, thereafter, the petitioner had taken two opportunities to lead evidence before moving the instant application for amendment. In the amendment application, the plea has been sought to be incorporated that the respondents are not the land-owners of the demised premises and in fact “Mehakama Mastri” was the owner of the suit property. However, no exception can be taken to the impugned order as even in the proposed amendment of written statement, the relationship of landlord and tenant is not denied and the Rent Controller is not to decide the question of title.

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CR No.7633 of 2011 (O&M)

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-2-

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In this view of the matter, the proposed amendment was not

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necessary and thus, the impugned order warrants no interference.

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Dismissed.

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December 9, 2011 (RAKESH KUMAR GARG) ps JUDGE

Bir Singh v. Vijay Kumar Mangla & Ors.

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Bir Singh v. Vijay Kumar Mangla & Ors.

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