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NIDHI GUPTA
Kanwal Agencies – Appellant
Versus
Pushpinder Singh Cheema – Respondent
| Table of Content |
|---|
| 1. dispute over tenants' amendment application (Para 1 , 2) |
| 2. amendment of subsequent events permissible (Para 3 , 4) |
| 3. reversal of earlier order and direction for fresh decision (Para 5) |
JUDGMENT
Nidhi Gupta, J.
The tenants are in revision directed against the order dated 21.02.2017 (Annexure P-7), passed by learned Rent Controller, Chandigarh, whereby their application under Order 6, Rule 17 of the CPC for amendment of the application for leave to contest, filed under Section 18 -A of the East Punjab Urban Rent Restriction Act, 1949 (for short 1949 Act') within time, has been declined on the ground that such amendment, inter alia, is not maintainable.
2. It is undisputed that the NRI landlord/respondent has filed an eviction petition under Section 13 -B of the East Punjab Urban Rent Restriction Act, 1949 (Annexure P-1) seeking eviction of the petitioners/tenants from the demised premises comprising front portion of 2nd Floor of SCO No.383, Sector 37-D, Chandigarh and an application by the tenants for leave to contest under Section 18 -A of 1949 Act stands filed within the stipulated time of 15 days. However, subsequently, an application dated 11.03.2016 (Annexure P
The court's decision was influenced by the applicability of the 1995 Act and the grounds for eviction under the East Punjab Urban Rent Restriction Act, 1949.
The recurring nature of the landlord's bona fide requirement justifies granting liberty to withdraw the eviction petition and file a fresh one on the same cause of action.
The court emphasized the importance of the Rent Controller considering the assertions made in the tenants' affidavit when determining their entitlement to leave to contest an eviction petition.
Misquoting the wrong provision or non-mentioning of any provision would not be sufficient to take away the jurisdiction of the court.
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