Amar Manchanda & Another vs Abhey Man Singh Sidhu @ Abhey Man Sidhu & ... on 20 March, 2012
The amendment which is sought to be done in the application for leave to
defend is only an addition to the earlier grounds which have already been
taken and the additional ground which are now sought to be taken in para
Nos. 11 to 15 regarding fresh tenancy during the pendency of the earlier
petition and the increase of rent, lack of notice for termination and
information under the RTI Act regarding the status of landlord No.1 not
being an NRI are not relevant for the necessary decision of the petition
under Section 13-B of the Act. Whether the rent is being increased or not
and that the earlier lease deed is not a relevant issue as noticed above and
similarly, the earlier petition filed under Section 13 of the Act for eviction
prior to the extention of the provisions of Section 13-B of the Act to
Chandigarh has also no relevance as a fresh right has been created in the
favour of the landlord after his arriving at Chandigarh. This Court in
Dr.Ved Pal Kaushal Vs. Harcharan Singh & another 2010 (4) PLR 637
has held as under: