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2021 Supreme(HP) 29

JYOTSNA REWAL DUA
Pradeep Kumar (Deceased) through his Legal Heirs – Appellant
Versus
Rakesh Ahuja – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:Ms. Vandana Misra, Advocate.
For the Respondent:Mr. Y.P. Sood, Advocate.

JUDGMENT :

JYOTSNA REWAL DUA, J.

1. Petitioners are successors-in-interest of original respondent-Sh. Pradeep Kumar. Their application under Order 6 Rule 17 of the Code of Civil Procedure seeking to amend the reply filed by the original respondent to the petition under Section 14 of the Himachal Pradesh Urban Rent Control Act, has been turned down by the learned Rent Controller on 26.06.2019. Feeling aggrieved, instant petition under Article 227 of the Constitution of India has been preferred by them.

2. Relevant factual position:-

2(i). Present respondent filed a petition under Section 14 of the Himachal Pradesh Urban Rent Control Act for eviction of one Sh. Pradeep Kumar from the premises in question on 31.12.2010.

2(ii). Reply by Sh. Pradeep Kumar to the above petition was filed on 10.05.2011. In respect of the relationship of landlord and tenant between the parties, following averments were made in different paras of the reply:-

    “Preliminary Objections

2. That there is no relationship of landlord and tenant between the parties to this petition. Original father of the replying respondent was tenant under one Sh. Hira Lal. After the death of late Sh. Kapuria, the present replying respon

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