Civil Revision No.4398 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.4398 of 2008 Date of decision: 01.04.2009 Sita Ram .............Petitioner Vs. Ram Kumar etc. ............Respondents Present: Mr. Sudhir Mittal, Advocate for the petitioner. Mr. Ajay Jain, Advocate for respondent No.1. CORAM: HON'BLE MR. JUSTICE A.N. JINDAL 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? -.- A.N. JINDAL, J. (ORAL) 1. The plaintiff (herein referred as the respondent) filed a suit for declaration to the effect that he is a joint occupancy tenant over the premises in dispute whereas the stand of the defendant (herein referred as the petitioner) is that he alone is the tenant over the premises in dispute and the plaintiff has no right in the same. 2. The suit was filed on 06.01.2004. Written statement was filed on 09.06.2004 and issues were framed on 12.09.2004. Evidence of both the parties was closed on 06.01.2006. When the case came up for arguments, application for amendment of the written statement had been filed on 07.06.2007 to the effect that since he had purchased land measuring 9 kanals 15 marlas and 8 kanals vide two sale deeds respectively on 05.05.2006, therefore, he wanted to incorporate these pleas with regard to the two sale deeds in the written statement but his Civil Revision No.4398 of 2008 -2- application was rejected. 3. Arguments heard. 4. The only question to controversy involved in the present suit is with regard to the effect that if the respondent is the occupancy tenant over the premises in dispute. As such the subsequent events, regarding the ownership of the petitioner do not in any effect the real question into controversy and that the purchase of land made by defendant by way of sale deeds does not affect his rights. Thus, the application for amendment of the written statement having been filed in the case has been rightly declined. 5. Civil revision petition is dismissed with liberty to the petitioner to file a separate suit if a fresh cause of action arises to him on the basis of sale deeds. (A.N. JINDAL) JUDGE April 01, 2009 Pankaj*