Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | East Punjab Urban Rent Restriction Act respondents led their evidence 1949 - s.13 - Eviction sought on the ground of personal necessity - After conclusion of evidence of landlord-appellants |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | East Punjab Urban Rent Restriction Act, 1949 - s.13 - Eviction sought on the ground of personal necessity - After conclusion of evidence of landlord-appellants, respondents led their evidence - At this stage, respondents moved an application seeking amendment of the written statement for adding the plea that appellants were not the owners of the premises - Rent Controller dismissed application - High Court reversed the order of Rent Controller and allowed the amendment - On appeal, held: It is not disputed by the respondents that they were put in possession of the premises as tenants by the appellants - In the circumstances, they cannot dispute the title of the landlord in respect of the said premises - The said plea was not raised by them in the written statement - They cannot be permitted to introduce the said plea by way of amendment, that too, at this belated stage - s.116 of Evidence Act also puts an embargo on a tenant during continuance of his tenancy to deny the title of his landlord - Rent Controller was, therefore, right in rejecting the amendment application - Evidence Act, 1872 - s.116 - Rent control and eviction. Code of Civil Procedure, 1908 - Or.8, r.3 - In terms of Or.8 r.3, a defendant is required to deny or dispute the statements made in the plaint categorically, as evasive denial would amount to an admission of the allegation made in the plaint in terms of Or.8, r.5- In other words, the written statement must specifically deal with each of the allegations of fact made in the plaint - The failure to make specific denial amounts to an admission. |
Judge | Hon'ble Mr. Justice S. Abdul Nazeer |
Neutral Citation | 2017 INSC 584 |
Petitioner | Jaspal Kaur Cheema And Anr. |
Respondent | M/s Industrial Trade Links And Ors. Etc. |
SCR | [2017] 6 S.C.R. 479 |
Judgement Date | 2017-07-03 |
Case Number | 884-8386 |
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