The High Court
Case Details
CR-5658- -2023 (O&M) [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CHANDIGARH CR-5658 5658-2023 (O&M) Date of Decision: 03.11.2025 Date of Decision: 03.11.202 Shri Guru Arjan Dev Govt. Girls Sr. Sec. School and ors. Shri Guru Arjan Dev Govt. Girls Sr. Sec. School and ors. Shri Guru Arjan Dev Govt. Girls Sr. Sec. School and ors. VERSUS ...Petitioners Committee, Mata Ganga Girls College, Tarn Taran Managing Committee, Mata Ganga Girls College, Tarn Taran Managing ...Respondent
Legal Reasoning
HARKESH MANUJA CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA CORAM: HON'BLE MR. JUSTICE Athar Ahmed, DAG, Punjab Present : Mr. Athar Ahmed, DAG, Punjab Present : for the petitioners. Mr. Ashish Aggarwal, Advocate Mr. Ashish Aggarwal, Advocate for the respondent. **** HARKESH MANUJA, J. (ORAL) HARKESH MANUJA, By way of present revision petition, challenge has been By way of present revision petition, challenge has been By way of present revision petition, challenge has been 14.07.2023 passed by learned Rent made to an order dated 14.07.2023 passed by learned Rent 14.07.2023 passed by learned Rent made to an order dated Controller-cum-Civil Judge (Senior Division) Controller , whereby an application Civil Judge (Senior Division), whereby an application ment of filed on behalf of the petitioner No.1/ Tenant seeking amendment of filed on behalf of the petitioner No.1/ Tenant seeking amend filed on behalf of the petitioner No.1/ Tenant seeking amend the written statement was declined. the written statement was declined. 2. Briefly stating, the respondent/landlord sought eviction of Briefly stating, the respondent/landlord sought eviction of Briefly stating, the respondent/landlord sought eviction of bona the petitioner No.1/ tenant from the demised premises alleging bona the petitioner No.1/ tenant from the demised premises the petitioner No.1/ tenant from the demised premises need. The issues in the Rent Petition were framed on fide need. The issues in the Rent Petition were framed on need. The issues in the Rent Petition were framed on need. The issues in the Rent Petition were framed on , the evidence of the respondent/ landlord was 16.10.2017. Thereafter, the evidence of the respondent/ landlord was , the evidence of the respondent/ landlord was 16.10.2017. Thereafter concluded on 02.02.2022 followed by listing of the proceedings for concluded on 02.02.2022 followed by listing of the proceedings for concluded on 02.02.2022 followed by listing of the proceedings for concluded on 02.02.2022 followed by listing of the proceedings for recording of evidence of petitioner No.1/ tenant. During the said recording of evidence of petitioner No.1/ tenant. During the said recording of evidence of petitioner No.1/ tenant. During the said recording of evidence of petitioner No.1/ tenant. During the said SANJAY GUPTA 2025.11.04 17:21 I attest to the accuracy and integrity of this document CR-5658- -2023 (O&M) [2] , an application dated 07.04.2022 came to be filed on proceedings, an application dated 07.04.2022 came to be filed on , an application dated 07.04.2022 came to be filed on proceedings etitioner No.1/ tenant seeking permission to amend written behalf of petitioner No.1/ tenant seeking permission to amend written etitioner No.1/ tenant seeking permission to amend written behalf of p statement so as to take a plea that vide writing dated 08.10.1948, the statement so as to take a plea that vide writing dated 08.10.1948, the statement so as to take a plea that vide writing dated 08.10.1948, the statement so as to take a plea that vide writing dated 08.10.1948, the respondent Trust had undertaken that till the time, building in respondent Trust had undertaken that till the time, building in respondent Trust had undertaken that till the time, building in respondent Trust had undertaken that till the time, building in question was used for Girls School, the same shall not be got question was used for Girls School, the same shall not be got question was used for Girls School, the same shall not be got question was used for Girls School, the same shall not be got vacated. The said application was opposed at the instance of vacated. The said application was opposed at the instance of vacated. The said application was opposed at the instance of vacated. The said application was opposed at the instance of respondent/ landlord. The learned Rent Controller vide order dated respondent/ landlord. The learned Rent Controller vide order dated respondent/ landlord. The learned Rent Controller vide order dated respondent/ landlord. The learned Rent Controller vide order dated made in the application seeking 14.07.2023 rejected the prayer made in the application seeking made in the application seeking 14.07.2023 rejected the prayer amendment of the written statement by petitioner No.1/ tenant. amendment of the written statement by petitioner No.1/ tenant. amendment of the written statement by petitioner No.1/ tenant. 3. I have heard learned counsel for the parties and gone I have heard learned counsel for the parties and gone I have heard learned counsel for the parties and gone through the paper-book. through the paper 4. Without going into the merits of the plea sought to be Without going into the merits of the plea sought to be Without going into the merits of the plea sought to be amendment of written statement, the said plea being raised by way of amendment of written statement, the said plea being amendment of written statement, the said plea being raised by way of material to the rights of the parties, the prayer made on behalf of material to the rights of the parties, the prayer made on behalf of material to the rights of the parties, the prayer made on behalf of material to the rights of the parties, the prayer made on behalf of petitioner No.1/ tenant needs to be allowed by permitting it to include petitioner No.1/ tenant needs to be allowed by permitting it to include petitioner No.1/ tenant needs to be allowed by permitting it to include petitioner No.1/ tenant needs to be allowed by permitting it to include one paragraph limited to the extent of raising plea with respect one paragraph limited to the extent of one paragraph limited to the extent of raising plea with respect to writing dated 08.10.1948. The amendment sought to for by the writing dated 08.10.1948. The amendment sought to for by the writing dated 08.10.1948. The amendment sought to for by the writing dated 08.10.1948. The amendment sought to for by the petitioner/ tenant shall also enable the learned Rent Controller to petitioner/ tenant shall also enable the learned Rent Controller to petitioner/ tenant shall also enable the learned Rent Controller to petitioner/ tenant shall also enable the learned Rent Controller to adjudicate upon the rights of the parties in complete and effective adjudicate upon the rights of the parties in complete and effective adjudicate upon the rights of the parties in complete and effective adjudicate upon the rights of the parties in complete and effective manner. manner. 5. s essentially a It is settled law that rule of amendment is essentially a It is settled law that rule of amendment i rule of justice, equity and good conscience and has to be exercised in rule of justice, equity and good conscience and has to be exercised in rule of justice, equity and good conscience and has to be exercised in rule of justice, equity and good conscience and has to be exercised in larger interest in doing complete justice between the parties. larger interest in doing complete justice between the parties. larger interest in doing complete justice between the parties. Mere fact that the application seeking amendment of Mere fact that the application seeking amendment of Mere fact that the application seeking amendment of SANJAY GUPTA 2025.11.04 17:21 I attest to the accuracy and integrity of this document CR-5658- -2023 (O&M) [3] ioner No.1/ written statement has been moved on behalf of petitioner No.1/ written statement has been moved on behalf of petit written statement has been moved on behalf of petit tenant in the eviction proceedings, would not be sufficient to prejudice tenant in the eviction proceedings, would not be sufficient to prejudice tenant in the eviction proceedings, would not be sufficient to prejudice tenant in the eviction proceedings, would not be sufficient to prejudice the respondents especially when the eviction from the premises the respondents especially when the eviction from the premises the respondents especially when the eviction from the premises the respondents especially when the eviction from the premises No.1 only. primarily relates to petitioner No.1 only. primarily relates to 6. Admittedly, there has been some delay on the part of Admittedly, there has been some delay on the part of Admittedly, there has been some delay on the part of er No.1/ tenant while having approached the Rent Controller petitioner No.1/ tenant while having approached the Rent Controller er No.1/ tenant while having approached the Rent Controller er No.1/ tenant while having approached the Rent Controller for the purpose of seeking amendment in the written statement. for the purpose of seeking amendment in the written statement. for the purpose of seeking amendment in the written statement. for the purpose of seeking amendment in the written statement. However, keeping in mind that the procedures are handmaiden of However, keeping in mind that the procedures are handmaiden of However, keeping in mind that the procedures are handmaiden of However, keeping in mind that the procedures are handmaiden of justice, rather than adhering to a hypertechnical approach, the case justice, rather than adhering to a hypertechnical approach, the case justice, rather than adhering to a hypertechnical approach, the case justice, rather than adhering to a hypertechnical approach, the case t hand needs to be addressed by adopting a pragmatic approach. at hand needs to be addressed by adopting a pragmatic approach. t hand needs to be addressed by adopting a pragmatic approach. 7. In view of the discussion made hereinabove, the revision In view of the discussion made hereinabove, the revision In view of the discussion made hereinabove, the revision petition is allowed. The order dated 14.07.2023 passed by the Rent petition is allowed. The order dated 14.07.2023 passed by the Rent petition is allowed. The order dated 14.07.2023 passed by the Rent petition is allowed. The order dated 14.07.2023 passed by the Rent Controller is hereby set aside. Controller is hereby set aside. 8. Controller is requested to At this stage, learned Rent Controller is requested to At this stage, learned Rent expedite the proceedings arising out of the eviction petition preferred expedite the proceedings arising out of the eviction petition preferred expedite the proceedings arising out of the eviction petition preferred expedite the proceedings arising out of the eviction petition preferred , preferably within one year from at the instance of respondent No.1, preferably within one year from , preferably within one year from at the instance of respondent No.1 today. 9. Pending misc. application(s), if any, shall also stand Pending misc. application(s), if any, shall also stand Pending misc. application(s), if any, shall also stand
Decision
disposed of. disposed of. .2025 03.11.2025 sanjay (HARKESH MANUJA) (HARKESH MANUJA) JUDGE Whether speaking/reasoned ? Whether speaking/reasoned ? Whether Reportable ? Yes/No Yes/No SANJAY GUPTA 2025.11.04 17:21 I attest to the accuracy and integrity of this document