CR No.6545 of 2009 - 1 - HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CR No.6545 of 2009 (O&M) DATE OF DECISION: 11.11.2009 **** Novel Kishore . . . . Petitioner VS. Subhash Kumar Trehan and others . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 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? **** Present: Mr. Karanjit Singh, Advocate for the petitioner ***** SURYA KANT J.(ORAL) (1). This revision petition is directed against the order dated 12.09.2009 passed by the Appellate Authority, Amritsar, whereby, an application under Order 6 Rule 17 CPC for amendment of the written statement moved by the petitioner-tenant, who is one of the respondents before the Appellate Authority, has been dismissed. (2). By way of the proposed amendment, the petitioner wants to deny the relationship of landlord and tenant after alleging that the property in dispute is owned by the Evacuee Department, Government of Punjab. (3). The Appellate Authority, Amritsar, has dismissed the application after observing that the petitioner has never ever disputed the relationship of landlord and tenant and CR No.6545 of 2009 - 2 - the order dated 12.01.1995 passed by the Sub Divisional Magistrate-cum-Settlement Commissioner was very much in their knowledge and in existence at the time when the written statement was filed in the year 2001. (4). I have heard learned counsel for the petitioner at some length and perused the impugned order. (5). The Appellate Authority, Amritsar has rightly observed that the petitioner never disputed the relationship of the landlord and tenant in the year 2001 when the written statement was filed. Even though the respondent-landlord had some dispute regarding title with the Evacuee Department even prior thereto. It is the conceded position that the petitioner was inducted as tenant by the respondent-landlady. That being so it does not lie in the mouth of the petitioner to turn around and dispute the relationship of landlord and tenant. (6). No ground to interfere with the impugned order dated 12.09.2009 passed by the Appellate Authority, Amritsar, is made out. (7). Dismissed. (SURYA KANT) JUDGE 11.11.2009 vishal shonkar