Gurbachan Singh & Sons vs Sukhjinder Kaur

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 2635

ALKA SARIN
Gurbachan Singh & Sons – Appellant
Versus
Sukhjinder Kaur – Respondent

Advocates Appeared:
Mr. Akhilesh Vyas, Advocate; For the Petitioners
Mr. Shubham Mehta, Advocate for Mr. Vivek Salathia, Advocate; For the Respondent

JUDGMENT

Alka Sarin, J. (Oral)

The present revision petition has been filed challenging the order dated 07.02.2019 whereby the application under Order VI Rule 16 and 18 of the Code of Civil Procedure, 1908, has been allowed.

2. The brief facts relevant to the present lis are that the respondent herein filed an ejectment petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949. In the written statement filed by the petitioners herein, the relationship of landlord and tenant was denied. Nevertheless, the provisional rent was assessed and the amount assessed was deposited. Thereafter, an application was filed under Order VI Rule 17 CPC for amendment of the ejectment petition wherein the only amendment sought was :

"(i) At the last of sub para No.(ii) of para no.6 may kindly be added as "The applicant is getting pension of her deceased husband but she is not having any independent business income and that pension is not sufficient to fulfill her daily needs"

3. The said amendment was contested and was finally allowed. The petitioners consequently filed an amended written statement. Subsequently, an application was filed by the respondent herein under Order VI Rules

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