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ALKA SARIN
Managing Director, MARKFED, Punjab – Appellant
Versus
S. C. Bhalla (deceased) through LRs – Respondent
| Table of Content |
|---|
| 1. background of the ejectment petition and subsequent events. (Para 1 , 2) |
| 2. arguments on the need for a separate petition. (Para 3 , 4) |
| 3. court's reasoning on amendments post landlord's death. (Para 5 , 6 , 7 , 8 , 9 , 10) |
| 4. final dismissal of the revision petition. (Para 11) |
Judgment
Mrs. Alka Sarin, J.
The present revision petition has been preferred against the impugned order dated 04.03.2022 (Annexure P-4) passed by the Rent Controller whereby the application under Order 6 Rule 17 of the Code of Civil Procedure, 1908 (CPC) for amendment of the ejectment petition has been allowed.
2. The brief facts relevant to the present lis are that S.C. Bhalla, the owner of the premises in dispute, filed an ejectment petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949, as applicable to Chandigarh (hereinafter referred to as ‘Rent Act’) for eviction of the petitioner herein from the entire first, second and third floors of SCO No.22, Sector 17-C, Chandigarh on the grounds of sub-letting, personal necessity, material alteration, impairing the value and utility of the premises, ceased to occupy and non-payment of rent. During the pendency of the ejectm
The main legal point established in the judgment is that amendments to pleadings should not be allowed at a belated stage of the trial unless it is shown that the party could not have raised the matt....
Amendments to rectify defects in pleadings regarding statutory provisions can be allowed at the initial stage of a case and do not change the nature of the petition.
The main legal point established in the judgment is that proposed amendments to an ejectment application under the East Punjab Urban Rent Restriction Act, 1949 must be necessary for the proper and ju....
The pending revision petition does not justify staying proceedings in a subsequent ejectment petition with additional grounds.
The court emphasized that applications for amendment should not be allowed when they are highly belated and serve as delaying tactics, especially after the trial has commenced.
Under the East Punjab Urban Rent Restriction Act, a landlord can seek eviction for personal necessity without being the owner of the premises.
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