VINOD K.SHARMA,J - (1.) C .M. No. 4216-CII of 2007 For the reasons stated in the application the order dated 21.2.2007 is recalled and the revision petition is restored to its original number. The application stands disposed of. C.R. No. 2419 of 2005
(2.) THIS revision petition has been filed against the order passed by the learned Rent Controller vide which application moved by the landlord- respondent for the amendment of the petition filed under Section 13 of the East Punjab Control of Rent and Eviction Act (for short the Act), has been ordered to be allowed. The landlord-respondent had filed a petition for ejectment of the petitioner on the ground that he was inducted as a tenant in two rooms. After the parties had led evidence and the case was fixed for final arguments the respondent-landlord moved an application for the amendment of the petition on the plea that when he was away to Canada the respondent forcibly occupied other two rooms which were in fact in possession of the landlord and articles belonging to the landlord were also taken away by the respondent. It was further the case set up by the landlord that an FIR qua this incident was also registered against the respondent. It was on this ground that the application under Order 6 Rule 17 of the Code of Civil Procedure was filed to avoid the rejection of the petition on the ground of partial ejectment. It was also claimed that it would not cause any prejudice to the tenant.
(3.) THE application was opposed on the ground that this was mala fide attempt on the part of the landlord to further harass the petitioner as the application was filed at a belated stage. It was also claimed that the parties have led evidence and attempt is being made to fill up the lacunae in the case left by the landlord and thus it was claimed that the amendment sought would seriously prejudice the rights of the petitioner-tenant.;