Civil Revision No. 153 of 2010 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 153 of 2010 Date of decision : 12.1.2010 Ram Parkash Chopra ....Petitioner Versus Naval Kishore Chopra ...Respondent **** CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr. Anil Chawla, Advocate for the petitioner. S. D. ANAND, J. The petitioner herein was ordered to be ejected from the tenanted premises vide order dated 3.2.2009 passed by the learned Rent Controller. In an appeal, the petitioner-tenant (appellant therein) filed an application under Order 6 Rule 17 read with Section 151 C.P.C. to obtain the leave of the Court to amend written statement to aver that the ejectment petition decreed against him was barred by resjudicata/constructive resjudicata and also under Section 14 of the Act (III) of 1949. The plea, raised in support thereof, was that it could not be taken up earlier on account of a bonafide mistake at his level. The plea was contested by the party opposite and negatived by the learned Appellate Authority by observing that the raising of that plea would not be acceptable because in the earlier petition, ejectment had been applied for on a plea of non-payment of Civil Revision No. 153 of 2010 -2- **** rent; whereas ejectment had been applied for and granted by the Rent Controller in this case on a plea of personal bonafide necessity. It was also observed by the learned Appellate Authority that the proposed amendment was not revelatory of a new fact which may have come to the notice of the petitioner herein. The line of reasoning adopted by the learned Appellate Authority is in order and shall stand affirmed. How exactly would the fact of previous litigation (which was based upon non-payment of rent) constitute resjudicata, as against a plea of personal bonafide necessity, defies logical comprehension. Even otherwise, the fact of previous litigation was already to the notice of the petitioner herein and he cannot be allowed to raise that plea which has been filed after inordinate and unexplained delay. The petition shall stand dismissed in limine. January 12,2010 (S. D. ANAND) Pka JUDGE