IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Revision No.5574 of 2009 (O&M) Date of Decision : 24.09.2009 Vijay Mittal .....Petitioner versus Shimla Gupta and others .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Ms.Monika Goyal, Advocate, for the petitioner. -.- 1. Whether Reporters of Local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? --- ORDER Surya Kant, J. (Oral) The petitioner is aggrieved at the order dated 25.8.2009 passed by the Rent Controller, Ludhiana, allowing the application for amendment of the eviction petition moved by the respondent-landlords. The demised premises was owned by late Surinder Parkash Gupta who died on 7.12.2002. The eviction petition has been filed by his three legal representatives, namely, his widow Smt.Shimla Gupta, son Rajiv Gupta and daughter Rashmi Gupta. During the pendency of the eviction petition, the respondents have found a Will executed by late Surinder Parkash Gupta which the deceased had handed over to Sh.A.K.Shori, who was his lawyer at the relevant time and is presently posted as Additional District and Sessions Judge, Ambala. As per the Will, the property in question has been bequeathed in favour of Rajiv Gupta C.R. No.5574 of 2009 (O&M) 2 alone. Based upon the said Will, which has not been objected to by Smt.Shimla Gupta wd/o late Surinder Parkash Gupta or his daughter Rashmi Gupta, the formal amendment of the eviction petition has been allowed. Aggrieved, the petitioner-tenant has filed this revision petition, inter-alia, contending that the amendment has changed the nature of the eviction proceedings. I have heard learned counsel for the petitioner and perused the impugned order. In my considered view, the objection raised by the petitioner is wholly misconceived. The eviction petition is based on the ground of personal necessity of the `family' which includes the necessity of the son (Rajiv Gupta) also. The amendment is formal in nature and has caused no prejudice to the petitioner. Suffice it to observe that the petitioner has no locus-standi whatsoever, to question the genuineness of the Will. The revision petition is accordingly dismissed. However, if the petitioner fails to file his amended written statement today as the eviction petition is reportedly listed for today, he shall be permitted to file the same on the next date of hearing and beyond that no opportunity shall be granted. Dasti. 24-09-2009 (SURYA KANT) Mohinder JUDGE