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2023 Supreme(P&H) 325

ARUN MONGA
Rajinder Kumar Goyal – Appellant
Versus
Som Nath Garg Through His Lr Achri Devi Since Deceased Through Her Lrs Anjali Gupta – Respondent


Advocates appeared:
Mr. Ishan Gupta, Advocate, for the Appellant; Mr. Tribhawan Singla, Advocate, for the Respondent

JUDGMENT

Arun Monga, J. (Oral) - Present revision petition is to set aside impugned order dated07.02.2023 (Annexure P-1) passed by Learned Rent Controller, Sangrur whereby application filed by Revisionist/tenant to amend reply claiming to plead subsequent events, was dismissed.

2. Succinct facts first.

2.1. Original respondent/landlord Som Nath Garg (since deceased) was owner of the demised premises, which comprises of a shop situated at DC Office Road, Prem Basti, Sangrur. In the year-2004, revisionist/tenant took the abovementioned premises on rent.

2.2. On 29.01.2013, respondent/landlord Som Nath Garg filed eviction petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 for eviction of revisionist from the shop in dispute on the ground of non-payment of rent as well as personal bonafide necessity. Revisionist/tenant appeared before Learned Rent Controller and filed a reply specifically denying averments made in the petition.

3. Learned counsel for revisionist submits that once on the death of Som Nath Garg, his Legal representative was impleaded on the basis of a registered Will, thereby, excluding his own son Ajay Kumar Garg, there was no occasion for learned

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