An admission made by a party may be withdrawn or may be explained away. Therefore it cannot be said that by amendment an admission of fact cannot be withdrawn.

1. This revision petition u/s.15(5) oi the Haryana Urban (Control of Rent and Eviction) Act, 1973 (for short the Act ) is directed against the order dt. 4th Mar., 1985, of the learned Senior Sub-Judge, Karnal, disallowing the application of the present petitioner Ambica Parshad for amendment of the Written Statement filed by him. It has been moved in the following circumstances.

2. Devi Mandir, Karnal, filed an application u/s.13 of the Act for the ejectment of the present petitioner Ambica Parshad from the demised premises on various grounds. Ambica Parshad contested the petition and filed a Written Statement controverting the pleas taken by the landlord. Thereafter, the issues were framed. I am, however, informed that evidence has not been recorded in the eviction application as yet. The petitioner filed an application seeking various amendments in the Written Statement. The landlord had serious objection to the following three paras in the Written Statement that were sought to be substituted. Along with these paras, the paras sought to be substituted are juxtaposed below :-

Existing averments As proposal

PRELIMINARY OBJECTIONS : 2. That the considerations apart and merits aside, it is submitted that the open plot was taken on rent from Mansa Devi Mandir, Karnal through Shri Ram Chander, father of Sat Pal, applicant, on 7-11-1945 and a writing to this effect was executed by Shri Sham Lal, petition-writer, Karnal entered in his register at Serial No. 1021 and payment of rent from 1-11-1945 to 31-10-1946 is also entered in his register at Serial No. 1922 dt. 7-11-1945. Rent Act was not applicable in Punjab at that time. It was also agreed and stipulated in the agreement/ Rent Note that the Respondent would construct Kothas on the suit land for purposes of Ara Machine and for selling fire timber woods i.e., for running a Tal. It was also agreed that the Respondent had to lift the Malba of the Kothas as and when the possession was to be restored to the owner/landlord. The Kothas now present at the spot were constructed somewhere in the year 1946. The Ara Machine was installed with the consent of the father of Sat Pal through whom the present application has been filed in the year 1955 and since then the Ara and the Kothas are there on the plot in dispute. Ram Chander, previous Muntim of the property of Devi Mandir has since died and his sons namely Pawan Kumar, Jai Parkash and Sat Pal are receiving rent from different tenants claiming themselves to be landlords. Sometimes, Pawan Kumar receives the rent and some times Jai Parkash. Lastly, Sat Pal, applicant came to the Respondent and demanded rent without receipt and the Respondent showed his inability to do so and hence this false petition has been filed. That the respondent took the premises in question in the form of vacant land on rent from Mansa Devi Mandir, Karnal vide Rent Note dt.7-11-1945 at the rate of Rs.10/- per month, the rent note to that effect was duly executed and registered. The rate of rent was later on enhanced to Rs.15/- p.m. the demised premises was let out to the respondent for the purpose of Karobar. Since then the respondent has been running business of Wooden Tal and Saw Mills in the demised premises. However, the respondent is at liberty to run any business in the demised premises as per terms and conditions of Rent Note. The respondent has also been authorised to raise construction over the demised premises to his satisfaction as per terms of rent note and therefore he constructed the rooms and one shed for the running of wooden tal and saw mills after the execution of the Rent Note.

The Kothas do require repairs as they are old ones and the Respondent has every right to get them repaired as they were constructed by him and as per the agreement, he can get them repaired any time he likes. The original rent note is with the applicant and he should produce the same in the Court.

ON MERITS : 4(ii). That this para is incorrect, false and frivolous.