Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No.228 of 2025 Decided on: 19.05.2025 Chandermani ….Petitioner Versus Rajesh Kumar
...Respondent Coram Hon’ble Mr. Justice Satyen Vaidya, Judge Whether approved for reporting? For the petitioner: Mr. Anuj Gupta, Advocate. For the respondent: Nemo. Satyen Vaidya, Judge
(Oral) The petitioner has assailed order dated 26.03.2025, passed by learned Rent Controller, Shimla, in CMP No.2131 of 2024 (Rent Case No.77 of 2020), whereby the application of the petitioner for amendment of reply has been rejected.
2. The petitioner is the tenant and he is facing eviction proceedings filed by the respondent herein, in which one of the grounds is the personal boanfide requirement of landlord.
3. In the reply filed by the tenant to the eviction petition, an objection has already been taken to the following effect:
“That the petitioner is having many other properties on the Mall Road, Shimla so aslo in Lower Bazar and all around Shimla about which he has made no disclosure in the present petition and
2 on this score only, the petition deserve to be dismissed.”
4. The landlord had led evidence in affirmative. One of the witnesses is stated to have admitted that the landlord is having vacant possession of premises on the first floor of the building, in which the landlord himself is running a shop in the ground floor.
5. The tenant then proceeded to prefer an application for amending the reply to incorporate the factum as deposed by the said witness. Learned trial Court has rejected the prayer on the ground that the fact which the tenant seeks to incorporate has already come on record in the cross-examination of the witness and its implication will be seen at appropriate stage.
6. I do not find any illegality or perversity in the impugned order. There is no error of jurisdiction either. The amendment, as sought by the tenant, was innocuous and his prayer has been rightly rejected by learned Rent Controller.
7. Petition is accordingly disposed of along with pending application(s), if any. ( Satyen Vaidya ) Judge May 19, 2025 (vt)