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2022 Supreme(P&H) 1549

ALKA SARIN
Sunder Lal Chopra And Sons – Appellant
Versus
Raj Rastogi – Respondent


Advocates appeared:
Mr. Bhag Singh, Advocate, for the Appellant; Mr. Sanjay Jain, Advocate, for the Respondent.

JUDGMENT

Alka Sarin, J. (Oral) - The present revision petition under Article 227 of the Constitution of India has been filed for quashing the order dated 03.02.2020 passed by the Rent Controller whereby the application filed by the tenantpetitioner for amendment of the written statement has been dismissed.

2. Learned counsel for the tenant-petitioner would contend that the petition for ejectment has been filed by the landlord-respondent on the grounds of non-payment of rent and that the premises had become unfit and unsafe for human habitation. Written statement-cum-counter-claim was filed to the said ejectment petition. On 21.02.2019 an application under Order 6 Rule 17 CPC was filed on the ground that during the pendency of the ejectment petition the landlord-respondent had himself damaged the roof of the demised premises by removing the tiles, making two big gaps, ditches 12' x 15' x 6' inches and also damaged the cemented roof/floor in order so that the water can pour into the shop. It was further stated in the application that the tenant-petitioner had moved a complaint to the SHO Police Station, Ambala Cantt. and hence the necessity arose to file the application for amendment o

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