CR No.1645 of 2011 (O&M) -1- ***** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No.1645 of 2011 (O&M) Date of decision:09.03.2011. Raj Kumar ...Petitioner Versus Rajan Sabharwal and others ...Respondents CORAM: HON’BLE MR. JUSTICE RAKESH KUMAR JAIN Present: Mr. Anil Chawla, Advocate, for the petitioner. ***** RAKESH KUMAR JAIN, J. This revision petition is against the order of the learned Rent Controller, Amritsar, dated 24.02.2011 by which an application filed under Order 6 Rule 17 read with Section 151 of the Code of Civil Procedure, 1908 [for short “CPC”] by the petitioner/landlord has been dismissed. In brief, the petitioner/landlord filed the ejectment petition, inter alia, on the grounds of non-payment of rent and ceased to occupy the tenanted premises for a continuous period of four months. He filed an application for amending the eviction petition in order to incorporate some more details regarding consumption/disconnection of electricity. The learned Rent Controller had found that the parties did not appear when the case was heard which is pending from the last 10 years. The proxy counsel was asked to appear and the case was adjourned by the Court below. It was recorded that issues were framed on 28.11.2005, in which issue No.5 is “whether the tenant has ceased to occupy the demised premises”. The landlord availed large number of opportunities and ultimately closed his evidence on 26.08.2009. Now the tenant is leading his evidence and at this stage, the present application has been filed to elaborate the facts with regard to the ground of ceased to occupy. In my view, the learned Rent Controller has rightly dismissed the application of the petitioner on the ground that the material facts have already been CR No.1645 of 2011 (O&M) -2- ***** pleaded by the petitioner who is not required to plead his evidence. Hence, I do not find any reason to disturb the order of the learned Rent Controller. The revision petition is, thus, found to be without any merit and as such, the same is hereby dismissed in limine. No costs. March 09, 2011 (RAKESH KUMAR JAIN) vinod* JUDGE