Sanjay Mittal v. M/S Ally Venture And Company And Others

CR-8813-2017 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

Civil Revision No.8813 of 2017 (O&M) Date of Decision:January 16, 2018.

Sanjay Mittal ......PETITIONER(s).

VERSUS

M/s Ally Venture & Company and others ....RESPONDENT(s).

CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. K.K. Garg, Advocate for the petitioner (s).

******* SURINDER GUPTA, J.

Heard.

The application filed by the petitioner seeking amendment of the reply to incorporate the plea that petition filed by respondent-landlord seeking ejectment of petitioner-tenant is barred by res judicata as the earlier petition filed on the same ground of subletting, was dismissed. The trial Court took note of the fact that earlier petition filed by the respondent-landlord was dismissed in default and the plea of res judicata is not applicable to the petition filed under the Rent Act. The petitionertenant has already taken the plea in para 7 of the reply to this effect. Learned counsel for the petitioner could not assail that the fact which is sought to be added by way of amendment is already in para 7 of reply filed by the petitioner before the Rent Controller. I find no legal infirmity in the order passed by the Rent Controller calling for any Sachin Mehta 2018.01.17 13:51 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH

CR-8813-2017 -2interference by this Court.

This petition has no merits. Dismissed.

( SURINDER GUPTA ) January 16, 2018.

JUDGE Sachin M.

Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No Sachin Mehta 2018.01.17 13:51 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH