IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

Special Leave Petition (C) No. 1255 of 2013

IN THE MATTER OF:

Narinder Kumar Chopra ……. Petitioner

Versus

Bhushan Kumar … Respondent

THE COUNTER AFFIDAVIT ON BEHALF

OF RESPONDENT, BHUSHAN KUMAR

I, Bhushan Kumar S/o Late Sh. Jagan Nath R/o Shop

No. B-14/4180, Main Bazar, Village Machhiwara, 14115,

District Ludhiana, Punjab (also at House No. 1883, Mohalla,

Krishna Puri , Village Machhiwara, 14115, District Ludhiana,

Punjab) have come down to New Delhi, solemnly affirm and

sincerely state as under :-

MOST RESPECTFULLY SHOWETH :

1. That I am the respondent in the above named Special

Leave Petition hence I am well acquainted with the

facts and circumstances of the case and as such

competent to swear this affidavit.

2. That I the above named respondent is swearing this

affidavit and is denying each and every averment

 made by the petitioner in the list of dates or body of

SLP unless and other wise contrary to the

submission made there under.

3. That originally, the petitioner filed an eviction

petition under the East Punjab Urban Rent

Restriction Act, 1949 (hereinafter referred to as the

Act) in the court of Ld. Rent Controller, Samrala. The

eviction petition R.C. No. 4 of 09.03.2004 was filed

on the grounds of personal necessity by pleading that

he intends to expand his transport business and

open a branch office in the premises so as to handle

the business in a more effective manner.

4. That the petitioner then filed an application dated

03.09.2011 under Order 6 Rule 17, CPC for the

amendment of the petition in the aforementioned

case. The aforesaid application was filed to plead that

he now wants to open a General Merchandise Store

in the premises as he has closed the transport

business and intends to shift to Machhiwara for the

said business of General Merchandise.

5. That in reply to this contention of the petitioner, the

respondent resisted the application on the ground

that a completely new plea is being sought through

 the present amendment and the same cannot be

allowed especially when the issues already stand

framed and the matter is at the stage of evidence of

the petitioner. Thus a prayer was made by the

respondent for the dismissal of the aforesaid

amendment application.

6. That after going through the record, Ld. Rent

Controller, Samrala very rightly dismissed the

application vide order dated 30.05.2012, which has

been annexed with petition as Annexure P-6 by the

petitioner.

7. That feeling impugned with the aforesaid order of the

Ld. Rent Controller dated 30.05.2012, the petitioner

filed a Revision Petition C.R. No. 4706 of 2012 before

the Hon’ble High Court of Punjab and Haryana on

13.08.2012.

8. That Hon’ble High Court of Punjab and Haryana

rightly dismissed the aforesaid Revision Petition on

the following grounds:

(1) The Hon’ble Court was pleased observe that the

revision petition was devoid of merit and deserves to

be dismissed because the original petition had taken

 the plea that he wanted to expand his transport

business and in order to facilitate the same, intends

to open a branch office in the pemises in question.

However, vide the amendment application, he

intended to give up the entire ground of personal

necessity on the said facts and want to take a

completely new stand by stating that he intends to

open a General Merchandise Store there, as the

transport business stands closed.

(2) That the Hon’ble Court was pleased to appreciate

that in the amendment application, there was not

even an iota of mention as to why was the transport

business closed and what necessitated the

amendment at such a belated stage. It was

incumbent upon the petitioner to disclose as to when

and how the said transport business was closed and

also to prove his bonafide requirement.

(3) That the Hon’ble Court was pleased to observe that it

was necessary for the petitioner to state the

circumstances which bring his case within the

parameters laid down by various judgments for

allowing the amendment. Admittedly, the issues were

framed on 07.08.2009 and the petitioner had availed

 numerous opportunities to lead his evidence and had

moved the amendment application on 03.09.2011.

(4) That the Hon’ble Court appreciated the fact that

there was noting on record either in the application

or otherwise so as to substantiate the plea that has

been taken by the petitioner in his amendment

application.

(5) That the Hon’ble Court observed that the perusal of

the case laws cited by the petitioner are not enough

to prove his point and the ratios laid down in those

cases are entirely different from the case in hand.

9. That in the light of aforesaid submission it is being

prayed that the present petition of special leave

arising out of the C.R. No. 4706 of 2012 is devoid of

merit hence liable to get dismissed. That the

aforesaid Special Leave Petition is being devoid of any

merit to be considered by this Hon’ble Court, and is

liable to be dismissed at first instance.

10. That nothing in this counter affidavit is pleaded

which is not pleaded before the courts below and all

annexure filed herein is part of record before the

High Court.
 PRAYER

It is, therefore, most respectfully prayed that this

Hon’ble Court may graciously be pleased to:-

(i) Dismiss the Special Leave Petition (C) No. 1255 of 2013

preferred against the sound judgement/order passed in

C.R. No. 4706 of 2012 by the Hon'ble High Court of the

Punjab and Haryana only on this score that the

Petitioner is indulging in harassing the Respondent

with malafide intention to defeat the just right of

respondent.

(ii) Pass any other order or orders as this Hon’ble Court

may deem fit and proper in the interest of justice.

VERIFICATION: -

I, the above named deponent, do hereby verify & declare

that the contents of this counter affidavit are read over to me in

vernacular which I believe to true and correct on the basis of

knowledge and record of the case and nothing false has been

stated herein or concealed there from.

Verified on this day of January 2014 at New Delhi.

DEPONENT