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2011 Supreme(P&H) 917

RAKESH KUMAR JAIN
Chanchal Sharma – Appellant
Versus
Des Raj – Respondent


Advocates:
For the Petitioner:Mr. B.R.Mahajan, Advocate.
For the respondent:Mr. Sudeep Mahajan, Advocate.

JUGMENT

Rakesh Kumar Jain, J.:- This revision petition is directed against order dated 17.08.2010 passed by the learned Appellate Authority (Fast Track Court), Amritsar, by which application filed under Order 6 Rule 17 of the Code of Civil Procedure, 1908 [for short “CPC”] by the landlady for amendment of the eviction petition in order to change the nature of necessity in the grounds of eviction originally pleaded, has been declined.

2. The petitioner filed an application under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 [for short “the Act”] in order to evict the respondent from the demised premises (shop) being a part of Building No.54, Punjab Roadways Colony, Islamabad, Amritsar which was allegedly rented out @ Rs.200/- per month. The ejectment was sought, inter alia, on the ground of personal necessity which was pleaded as under: -

“that the applicant requires the shop in dispute for his own use and occupation as his only son has completed his graduation and wanted to settle her only son by starting some business in the shop in dispute.”

3. The learned Rent Controller, Amritsar, vide his order dated 10.11.2006, dismissed the eviction petition on all counts and













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