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NAMIT KUMAR
Piare Lal and Sons – Appellant
Versus
Anupam Gupta – Respondent
JUDGMENT
Namit Kumar, J.
CM-21045-CII of 2023
This application has been filed by the applicant-petitioners for placing on record the testimony of petitioner PW-1, as Annexure A1.
2. Allowed as prayed for. Annexure A-1 is taken on record subject to all just exceptions.
CR-6672 of 2023
Instant revision petition has been filed by the tenant impugning the order dated 23.08.2023 (Annexure P-5) passed by the Court of learned Civil Judge (Junior Division) Jalandhar, whereby application filed by him under Order 6, Rule 17 CPC for amendment of written statement has been dismissed.
3. Brief facts as averred in the petition are that the respondent-landlord filed ejectment petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 for ejectment of the petitioner-tenants which was contested by the present Petitioners by filing a detailed written statement wherein relationship of landlord and tenant was denied.
4. Before proceeding further, it is apt to mention here that when the case was pending for cross-examination of PW1, an application was filed by the petitioner-tenants for assessment of provisional rent and in the said application it was stated that petitioner-tenants have
A tenant cannot amend their written statement to contradict a prior denial of landlord-tenant relationship, as this would alter the fundamental nature of the case.
The court upheld the provisional rent assessment and eviction order, emphasizing the tenant's obligation to comply with rent orders to avoid eviction.
The tenant's conduct amounted to misuse, and failure to pay provisional rent led to the orders of eviction being upheld.
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