JUDGMENT

Mr. Arun Monga, J. (Oral)

CRM-8861-CII-2023

For the reasons stated in application, same is allowed subject to all just exceptions.

Main case (O&M)

Petition herein inter alia is for setting aside impugned order dated 20.04.2023 passed by learned Appellate Authority, Tarn Taran in RA/04/2018 titled as "Varinder Singh v. Manmohan Singh" whereby application of revisionists/ tenants under Order VI Rule 17 read with section 151 of Code of Civil Procedure, 1908 (for short 'CPC') seeking amendment in written statement dated 31.03.2016 (Annexure P-3), was dismissed.

2. The revision petition is premised on the averments that respondent herein/landlord filed application seeking ejectment of revisionist (since deceased and now represented by legal representatives) from demised premises on the ground of his being in arrears of rent for 12 months, and for bona fide need of his son.

2.1. Vide judgment/ order dated 09.07.2018 (Annexure P-1), learned Rent Controller dismissed the ejectment application. Respondent/landlord preferred appeal against aforesaid order. During pendency of appeal, revisionist(s) moved an application under Order VI Rule 17 read with section 151 CPC for amendment of written statement to incorporate entire details of business being run by son of landlord and concealment of facts by landlord at the time of filing the ejectment application.

2.2. Vide impugned order dated 20.04.2003, learned Appellate Authority dismissed the application.

3. Learned counsel for revisionists/tenants would contend that by way of amendment, they wanted to amend written statement by adding following lines at the end of para no.3 sub para (ii) of the written statement:

"The applicant had concealed the material facts from the Hon'ble court and had not disclosed the true facts. In fact said son of applicant namely Preetinderdeep Singh, who is having alias name as Shampy Rajput is already running business as government contractor and getting contract to construct roads from the concerned government department. The said son of the applicant has uploaded his profile with his photograph on the social site by describing his name as Shampy Rajput and he described that he is a government contractor and has his own business. He also given detail of his study in the said profile by describing chat he studied in GGS Khalsa College and Maharaja Ranjit Singh Public School and he is from Tarn Taran Sahib. The respondent further came to know that in-fact said son of the applicant is already running business of contractor and is getting contract from the government for constructing roads and he is also having PAN No.DTNPS0758C. On enquiry the respondent further came to know that said son of the applicant is having bank account with Punjab and Sind Bank, Tarn Taran Branch, Amritsar with having account no.07321000006902 and in the said account he had shown transactions of crores of rupees. Even in the said account it has been shown one of the transaction of RIGS dated 16/02/2018 vide which a sum of Rs.20.00 lakh was transferred from the said account to Friends Hat Mix Plant/PSIBH18047424220 which itself shows that he is doing the above referred to business being Government Contractor. In the said account there are also various entries of huge amount of Rs. 16,00,000/-, Rs. 11,32,419/-, three entries of Rs.15,00,000/- each along with various other entries of Rs. 7,00,000/-, Rs.8,00,000/-, Rs.2,50,000/-, Rs.5,00,000/-etc. All the above referred to circumstances itself shows that said son of the applicant is in fact already running business but the applicant has not disclosed this