CR No.4929 of 2008 [1]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
Civil Revision No.4929 of 2008
Date of Decision: 17 - 11 - 2008
M/S Kamal Radio & S.M. Corporation ....Petitioner
v.
Jaswant Singh and others ....Respondent
CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA
***
Present: Mr.I.K.Mehta, Sr.Advocate with
Mr.M.S.Kohli, Advocate
for the petitioner.
Mr.T.S.Dhindsa, Advocate
for respondent No.1.
Mr.C.S.Pasricha, Advocate
for respondent No.2.
Mr.Vikas Jain, Advocate
for respondent No.3.
***
KANWALJIT SINGH AHLUWALIA (ORAL)
Landlord instituted ejectment petition, Annexure P-1 on
29.5.2007. Reply to same, Annexure P-2 was filed on 5.11.2007.
Replication, Annexure P-3 was filed on 10.12.2007. Case was fixed for
recording of evidence of Raghbir Singh son of Jagjit Singh, Special
Attorney of landlord Jaswant Singh. His statement was recorded on
8.4.2008 and for recording of further evidence, case was adjourned to
CR No.4929 of 2008 [2]
8.5.2008, on which date evidence could not be recorded as the Presiding
Officer was on leave. Thereafter, the case was adjourned to 17.7.2008 when
an application, Annexure P-4 was filed for amendment of the written
statement.
I have read the proposed amendment. I am of the view that the
amendment sought is neither germane to the issue of subletting nor to issue
of personal necessity, but Mr.Mehta appearing for the tenant in all
eloquence has stated that mala fide on the part of the landlord is there as the
landlord is creating hindrance in the peaceful possession of the tenant. It
has been further stated that there have been DDRs. and FIRs and only to
hasten the eviction, hurdles are being created by the landlord. These
submissions made by Mr.Mehta have been stoutly denied by Mr.Dhindsa
appearing for the landlord. Mr.Dhindsa has stated that since the proposed
amendment is nothing but only a ploy to prolong the matter, therefore, he
would not contest the same in view of acrimonious allegations between the
landlord and tenant, if a time bound conclusion of the rent proceedings is
ordered. Mr.Dhindsa further stated that he will agree to amendment only to
ward off the delay.
Without making any observations to the relevance of the
amendment, in view of the statements made, the present revision petition is
allowed qua the amendment sought to be carried out. The proposed
amendment will be taken on record within 15 days from today. Thereafter
Mr.Dhindsa will be permitted to file amended replication within 7 days after
the proposed amendment is taken on record. A direction is given to the
Rent Controller to decide the eviction petition within six months from
today. This order has been passed as the relations between the parties are
CR No.4929 of 2008 [3]
not harmonious and amicable and they are approaching the police for
lodging of the DDRs and FIRs. The parties to give effect to this order,
shall appear before the Rent Controller on or before 28.11.2008.
( KANWALJIT SINGH AHLUWALIA )
November 17, 2008. JUDGE
RC