Civil Revision No. 2161 of 2008 1 In the High Court of Punjab and Haryana, at Chandigarh. Civil Revision No. 2161 of 2008 Date of Decision: 25.11.2008 Gurdial Singh …Petitioner Versus Prem Nath ... Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Ms. Naina Goel, Advocate for Mr. Naveen Batra, Advocate for the petitioner. Mr. Anil Chawla, Advocate for the respondent. Kanwaljit Singh Ahluwalia, J. (Oral) The landlord had filed eviction petition under Section 13A of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as “the Act”) that building is required for his personal necessity on the ground of arrears of rent; change of user and material impairment of value and utility of the premises. Mr. Anil Chawla, Advocate, appearing for the respondent states that now the petition is only confined to ground of personal necessity and arrears of rent. It has been stated that once application for amendment is allowed and landlord is allowed to delete Section 13A of the Act and substitute the same with Section 13 of the Act, a prejudice Civil Revision No. 2161 of 2008 2 will be caused to the respondent as the respondent has already suffered the proceedings for ten years and proceedings will start de novo. Learned counsel for tenant further states that in case fresh petition is filed under Section 13 of the Act, respondent-tenant will be in a position to file reply. In written statement filed, he has confined himself to say that petition under Section 13A of the Act is not maintainable. Learned counsel further states that in case such a petition is filed within one month from today, he shall file reply thereto within one month. Learned counsel further states that in case amendment is allowed, then also reply to amended petition is to be filed. After hearing learned counsel for the parties, and in view of the consensus arrived between them, it is ordered that within one month from today, landlord shall file fresh petition under Section 13 of the Act and thereafter in another one month, tenant shall file reply to the same. Thereafter, on completion of pleadings, issues shall be drawn and the petition shall be concluded in nine months. Since the parties shall be entering into fresh pleadings they shall not be precluded to make out their case on basis of previous pleadings. In view of the consensus formed between the parties, present revision petition is disposed off. (Kanwaljit Singh Ahluwalia) Judge November 25, 2008 “DK”