The court emphasized the importance of concrete evidence and the exercise of judicial discretion in rejecting the transfer application based on vague and baseless allegations.

JUDGMENT

Harkesh Manuja, J.(Oral) - The present revision petition has been directed against the order dated 05.08.2022 whereby, an application filed at the instance of the petitioner seeking transfer of rent petition titled 'Sham Sunder vs. Om Parkash Arora' pending in the Court of learned Rent Controller, Amritsar to any other court of competent jurisdiction, has been declined.

2. In the present case, respondent being landlord filed an ejectment petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949, against petitioner. The eviction was sought from the tenanted premises i.e. shop No. 17, situated on the ground floor, New Medical Market, Katra Sher Singh, Amritsar. The ground of eviction pleaded therein was of bona fide need of the landlord.

3. Petitioner being tenant filed his written statement on 20.09.2018. Thereafter, the petitioner sought amendment of his written statement which came to be declined by the learned Rent Controller, Amritsar vide order dated 27.04.2022, the petitioner filed Civil Revision No. 1712 of 2022, which was allowed by this Court vide order dated 05.05.2022 thereby, permitting the petitioner to carry out necessary amendments in his written statement.

4. In pursuance to the order dated 05.05.2022 passed by this Court in Civil Revision No. 1712 of 2022, the petitioner filed his amended written statement before the learned Rent Controller on 30.05.2022, However, on the same day, i.e. 30.05.2022 itself, the petitioner-tenant moved another application seeking fresh amendment of his written statement. The said application vide which the petitioner sought amendment of his written statement for the second time was declined by the learned Rent Controller vide order dated 06.07.2022 and a cost of Rs.3,000/- was also imposed upon the petitioner.

5. After passing of the order dated 06.07.2022, the petitioner moved an application under Section 24 of the Code of Civil Procedure, before the court of learned District Judge, Amritsar with a prayer for seeking transfer of ejectment petition titled 'Sham Sunder vs. Om Parkash Arora' to some another Court of competent jurisdiction. The primary ground taken in the transfer application dated 13.07.2022 has been mentioned in paragraph No.6 of the application, the same is reproduced hereunder :-

'That it is pertinent to mention here that about 6/7 days back one of the close relatives of the respondent Sham Sunder had come to my son Rishi Kumar and thereafter met Paramjit Singh, Prop. Spain Electronics, Katra Sher Amritsar and he told that respondent Sham Sunder has done some setting through someone with Hon'ble Presiding Officer, Sh. Himanshu Arora and respondent had talked to about 3/4 near relatives in this regard that the respondent after the decision of the case will take the possession of the shop from the applicant within 15/20 days and thereafter will take the possession of the shop by next month. "

6. Notice of the transfer application was issued to the respondents who filed their detailed reply dated 05.08.2022 controverting all the allegations levelled in the application. The learned District Judge, Amritsar vide its impugned order dated 05.08.2022 has dismissed the transfer application filed at the instance of the petitioner.

7. Learned counsel for the petitioner vehemently argued that the ejectment petition filed at the instance of the respondent against the petitioner was required to be transferred on the grounds mentioned in the application dated 13.07.2022, which, as per him raise doubt on the impartiality of the learned Rent Controller.

8. I have heard the learned counsel for the petitioner and gone through the records of the revision petition. I find no merit in the contention raised on behalf of the petitioner. Mere fact that the first application for seeking amendment of written statement filed at the instance of petitioner was rejected by the learned Rent Controller vide order dated 27.04.2022 and the said order was reversed by this Court i