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ARCHANA PURI
Ravinder Rai Sapra through LRs – Appellant
Versus
Gurinder Singh – Respondent
| Table of Content |
|---|
| 1. eviction petition basis and claims. (Para 4 , 5 , 6 , 7) |
| 2. responses and arguments against amendments. (Para 8 , 14 , 16) |
| 3. analysis on landlord's claims of necessity. (Para 19 , 20) |
| 4. court's decision on necessity of amendments. (Para 21 , 22) |
| 5. final dismissal of the revision petition. (Para 23) |
JUDGMENT
Archana Puri, J.
CM-6976-CII-2023
Present application has been filed for placing on record the affidavit and document Annexure P-13.
2. In view of the averments made in the application, same is allowed and the aforesaid document is are taken on record.
Main case
3. Challenge in the present petition is to the order dated 07.02.2023 passed by learned Rent Controller, thereby, dismissing the application filed by the petitioners-defendants (tenants) for making the amendment of the reply to the main petition, on the basis of subsequent events.
4. The facts, as culled out, from the paperbook, are that, respondent-plaintiff (landlord) had filed the eviction petition under Section 13 of the East Punjab Urban Rent Restrictions Act, 1949 against the present petitioners-tenants, in November 2015, for seeking eviction of the petitioners, on the ground of non-payment of rent
A landlord's bona fide necessity for eviction must be established, and a prior dismissal does not preclude a new application if circumstances change.
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 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....
The court upheld the Rent Controller's decision denying the tenants' amendment request due to lack of evidence substantiating bona fide need, emphasizing the need for timely and justified procedural ....
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