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2017 Supreme(P&H) 2209

DEEPAK SIBAL
Jaswinder Singh – Appellant
Versus
Bakshish Singh – Respondent


Advocates:
For the Petitioner:Mr. Avtar S. Khinda, Advocate.

JUDGMENT

Mr. Deepak Sibal J. (Oral):- Through the present petition, challenge is made by the petitioner-tenant to order dated 26.09.2017 passed by the Rent Controller, Sultanpur Lodhi through which an application filed by him under Order 6 Rule 17 of the Code of Civil Procedure, 1908 for amendment of the written statement has been dismissed. Through such amendment, the petitioner sought to plead that the initial agreed monthly rent between the parties was Rs.1000/- and not Rs.2500/- as alleged by the respondents.

2. After hearing learned counsel for the petitioner and having perused the record, the facts which have emerged and need to be noticed for adjudication of the matter are that in May 2013, the respondentlandlords through a petition filed under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 sought eviction of the petitioner from a shop duly described in the eviction petition (for short ‘the tenanted premises’). In paragrahs No.1 and 2 of such petition, it was specifically averred as under:-

“1. That the shop in dispute marked as ABCD and shown in Red in the site plan attached, as fully described in the head note of the petition is situated at Mohalla Shah Sult









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