- (1.) This revision petition is directed against order dated 17.12.2010 by which an application filed by the tenant under Order 6 Rule 17 of the Code of Civil Procedure, 1908 [for short "CPC"] for amendment of the written statement, has been declined by the learned Rent Controller.
(2.) The landlord has filed an application under Section 4 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 [for short "the Act"] for fixation of fair rent in respect of the shop in dispute, in which it was categorically alleged that the shop was constructed after 1962. The petitioner filed reply to the said application by categorically alleging that "it is incorrect that shop was constructed before 1962". On the basis of pleadings of the parties, following issues were framed: "1. What is the basic rent of the shop in question OPP. 2. What should be the fair rent of the shop in question OPD. 3. Relief."
(3.) No other issue was alleged to have been pressed or claimed by either of the parties. Thereafter, the landlord concluded his evidence on 26.02.2009, but during the evidence of the tenant, the present application was moved for amendment of the written statement, which has been declined by the learned Rent Controller.;