M.L.SINGHAL,J - (1.) THIS is Civil Revision against the order dated 28.8.1999 of Civil Judge (Jr. Division), Jagadhri, whereby he dismissed the application of the defendant for amendment of the written statement.
(2.) THIS revision has arisen in the following circumstances :- Neeraj Kumar filed suit for possession on 9.5.1990 of shop No. 19 situated in Anant Market, Jagadhri against Ranbir Singh on the allegation that he (Neeraj Kumar) is owner of the shop. He let out this shop to Ranbir Singh on 1.6.1989 on a rental of Rs. 400/- per month. It was a monthly tenancy. Monthly tenancy was terminated through notice dated 14.2.1990 and the defendant was called upon to vacate the shop by 31.3.1990. In case, he failed to deliver the vacant possession by 31.3.1990, it was stipulated in the notice that Rs. 20/- daily would be charged as compensation for the illegal use and occupation of the shop. This shop is exempt from the provisions of the Haryana Urban (Control of Rent and Eviction) Act, 1973 for a period of 10 years from the date of its completion. It was completed in December, 1984. In addition to the possession of the shop, plaintiff claimed decree for the recovery of Rs. 4000/- as rent with effect from 1.6.1989 to 31.3.1990 and further Rs. 740/- as compensation for the illegal use and occupation of this shop by the defendant for the period 1.4.1990 to 7.5.1990 at the rate of Rs. 20/- per day and further at Rs. 20/- daily till the shop is actually vacated.
(3.) DEFENDANT contested the suit saying that he is entitled to the protection of the Haryana Urban (Control of Rent and Eviction) Act, 1973 against ejectment. He can be ejected only under Section 13 of the said Act. It was admitted that he was liable to pay rent at the rate of Rs. 400/- per month from 1.6.1989 to 31.3.1990, which he was always ready and willing to pay. As the plaintiff was not ready to issue him receipt rent could not be paid to him. He is still ready and willing to pay rent to the plaintiff in case he given him receipt.;