AMIN CHAND Vs. SAVITRI DEVI
LAWS(HPH)-1979-5-5
HIGH COURT OF HIMACHAL PRADESH
Decided on May 01,1979

AMIN CHAND Appellant
VERSUS
SAVITRI DEVI Respondents

JUDGEMENT

H.S.THAKUR,J. - (1.) In this revision petition the petitioner who was a respondent in the petition before the Rent Controller, has challenged the order of Kent Controller, Simla, rejecting his application for amendment of the reply filed by him
(2.) Briefly the facts of the case are that the present respondent filed a petition for the eviction of the petitioner from the premises in his occupation during the month of February, 1976. The reply to the petition was filed by the present petitioner and in the reply he admitted tine relationship of land lady and tenant between the parties. The respondent closed her evidence and the case was fixed for 13th December, 1978 for the evidence of the present petitioner. Instead of leading evidence, the petitioner filed an application for the amendment of the reply to the petition, on that day.
(3.) The present respondent resisted the application c n various grounds. It was contended by the respondent that the relationship of landlady and tenant having been admitted by the present petitioner he could not resale from such an admission by taking the pleas to the contrary by way of amendment. It was also contended that the present petitioner had been paying the rent to the respondent and the other alleged co -owners of the part of the property never objected to the payment of rent to the respondent. According to the respondent it was a device to prolong the proceedings and to defeat the purpose of the petition filed by the respondent.;


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