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2023 Supreme(P&H) 1465

ARUN MONGA
Parkash Chand – Appellant
Versus
Gurmeet Kaur – Respondent


Advocates appeared:
For the Parties : Mr. Vaibhav Sehgal, Mr. Ashish Gupta

Judgment

Mr. Arun Monga, J.

Petition herein inter alia is for setting aside impugned order dated 04.01.2018 (Annexure P-1) passed by learned Rent Controller, Ludhiana whereby application under Section 151 of Code of Civil Procedure, 1908 (for short ‘CPC’) filed by petitioner-tenant seeking permission to file amended written statement, was dismissed.

2. The revision petition is premised on the averments that respondent-landlady filed ejectment petition against petitioner-tenant on the ground of arrears of rent and bona fide personal necessity.

2.1. During pendency of proceedings, petitioner-tenant filed application (Annexure P-2) under Order VI Rule 17 of CPC for carrying out amendments in written statement to the effect that all the shops except shop of petitioner and the adjacent shop have been vacated and tenants have surrendered possession in favour of respondent and thus, she has now got ample and adequate space for carrying out her business as projected by her in the ejectment petition. Learned Rent Controller allowed the said application vide order dated 21.11.2016 (Annexure P-4) observing that subsequent events are extremely relevant and petitioner should be given an adequat

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