High Court Punjab-Haryana High Court

Jagdish Kumari vs Satpal And Another on 26 May, 2009

Punjab-Haryana High Court
Jagdish Kumari vs Satpal And Another on 26 May, 2009
Civil Revision No. 629 of 2009                      -1-

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      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                      CHANDIGARH


                       Civil Revision No. 629 of 2009
                       Date of decision: 26.05.2009.


Jagdish Kumari

                                                    ...Petitioner


                                Versus

Satpal and another                            ...Respondents


CORAM: HON'BLE MR. JUSTICE S.D.ANAND.

Present:   Mr. Pardeep Rajput, Advocate for the petitioner

           Mr. K.S.Rekhi, Advocate for the    respondents


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S.D.ANAND, J.

It is beyond the pale of controversy that the petitioner

herein had initially applied for ejectment of the respondents on a plea

of personal necessity and also a plea that respondent no.1 had

unauthorisedly sublet the premises let out to him in favour of

respondent no.2. The petitioner was non-suited on both the counts.

The finding recorded at the trial was that the respondent

no.2 was a direct tenant under the petitioner herein. The plea of

subletting was, accordingly, negatived.

It is in appeal only that the petitioner filed a plea for

amendment of ejectment petition to obtain the leave of the Court to
Civil Revision No. 629 of 2009 -2-

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aver therein the precise date upon which the respondent no.2 had

executed a rent note in favour of the respondent no.1. The plea,

raised in support of the application, was that the precision about the

date, which could not come about during the trial for want of relevant

information, would enable the petitioner to obtain the invalidation of

the finding recorded by the learned Trial Court.

It is apparent from the quoted pleadings of the parties that

the petitioner had raised a precise plea at the trial that respondent

no.1, who was tenant under him, had sublet the premises to the other

respondent without any authorisation from him and further that the

last indicated ( i.e. petitioner herein) is entitled to get the premises

under tenancy vacated for his personal use. No date of the rent note

was mentioned in the pleadings at the trial. It is only in appeal (after

having been non-suited at the trial), that the petitioner opted to file

the amendment plea aforementioned.

There can be no escape from the conclusion that the

petitioner wants to wriggle out of the finding recorded by the learned

Trial Court on point of subletting. The absence of mention of rent

note about subletting, obviously, weighed with the learned Trial Court

in obtaining the view aforementioned. The allowance of the plea

would not only enable the petitioner to wriggle out of predicament of

facing a situation where he was non-suited for want of evidence in

the context of plea of subletting, it shall also enable him to fill up the

lacunae in the case and get the matter re-adjudicated. All this

cannot be countenanced by law. I do not find anything illegal in the
Civil Revision No. 629 of 2009 -3-

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manner of appreciation of facts by the learned Trial Court.

In the light of foregoing discussion, the petition is held to

be denuded of merit and is ordered to be dismissed.

May 26, 2009                                  (S.D.Anand)
Pka                                              Judge