Sushma Rani v. MANDEEP PANNU

Present: Mr. Sumeet Singh Brar Mr. Sumeet Singh Brar, Advocate for the petitioner Advocate for the petitioner. MANDEEP PANNU J. MANDEEP PANNU -.-

1. The present Civil Revision Petition has been filed by the petitioner– The present Civil Revision Petition has been filed by the petitioner The present Civil Revision Petition has been filed by the petitioner The present Civil Revision Petition has been filed by the petitioner tenant Dharampal Mehmi, invoking the supervisory jurisdiction of this Court under tenant Dharampal Mehmi, invoking the supervisory jurisdiction of this Court under tenant Dharampal Mehmi, invoking the supervisory jurisdiction of this Court under tenant Dharampal Mehmi, invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India, challenging the order dated 17.10.2025 Article 227 of the Constitution of India, challenging the order dated 17.10.2025 Article 227 of the Constitution of India, challenging the order dated 17.10.2025 Article 227 of the Constitution of India, challenging the order dated 17.10.2025 nt Controller, Ludhiana, whereby the application moved passed by the learned Rent Controller, Ludhiana, whereby the application moved nt Controller, Ludhiana, whereby the application moved passed by the learned Re by the petitioner under Order 6 Rule 17 read with Section 151 CPC seeking by the petitioner under Order 6 Rule 17 read with Section 151 CPC seeking by the petitioner under Order 6 Rule 17 read with Section 151 CPC seeking by the petitioner under Order 6 Rule 17 read with Section 151 CPC seeking amendment of the written statement in Rent Petition No. 516 of 2019 titled amendment of the written statement in Rent Petition No. 516 of 2019 titled amendment of the written statement in Rent Petition No. 516 of 2019 titled amendment of the written statement in Rent Petition No. 516 of 2019 titled Sushma Rani vs. Dharampal Mehmi’ has been dismissed ‘Sushma Rani vs. Dharampal Mehmi has been dismissed.

2. It is pleaded that during the pendency of the rent petition and It is pleaded that during the pendency of the rent petition and It is pleaded that during the pendency of the rent petition and It is pleaded that during the pendency of the rent petition and particularly during the cross-examination of the petitioner particularly during the cross landlord, certain facts examination of the petitioner–landlord, certain facts have come on record which were not earlier within the knowledge of the applicant have come on record which were not earlier within the knowledge of the applicant have come on record which were not earlier within the knowledge of the applicant have come on record which were not earlier within the knowledge of the applicant and which, according to him, go to the root of the matter. and which, according It is averred that the to him, go to the root of the matter. It is averred that the petitioner–landlord appeared as PW landlord appeared as PW-1 and during her cross examination admitted 1 and during her cross-examination admitted that she is residing in House No. 4890, situated near Ranjit Model School, t she is residing in House No.B-34-4890, situated near Ranjit Model School, 4890, situated near Ranjit Model School, and further admitted that the said house Durga Puri, Haibowal Kalan, Ludhiana, and further admitted that the said house and further admitted that the said house Durga Puri, Haibowal Kalan, Ludhiana, stands in the name of her husband and that the sale deed thereof is also in his stands in the name of her husband and that the sale deed thereof is also in his stands in the name of her husband and that the sale deed thereof is also in his stands in the name of her husband and that the sale deed thereof is also in his TRIPTI SAINI 2026.01.12 15:38 I attest to the accuracy and integrity of this document CR-9418-2025 (O& (O&M) -2- - It is further pleaded that the petitioner– name. It is further pleaded that the petitioner landlord admitted that she is not –landlord admitted that she is not aid house and that her husband having any other residential house except the aforesaid house and that her husband having any other residential house except the afores having any other residential house except the afores is also not having any other shop except the suit property. is also not having any other shop except the suit property. is also not having any other shop except the suit property.

3. examination, the On the basis of the aforesaid answers given in cross-examination, the On the basis of the aforesaid answers given in cross On the basis of the aforesaid answers given in cross landlord has intentionally concealed material applicant alleges that the petitioner–landlord has intentionally concealed material landlord has intentionally concealed material applicant alleges that the petitioner hile filing the eviction petition and has also filed a false affidavit claiming facts while filing the eviction petition and has also filed a false affidavit claiming hile filing the eviction petition and has also filed a false affidavit claiming hile filing the eviction petition and has also filed a false affidavit claiming residential building in the that she is not occupying any other residential or non-residential building in the that she is not occupying any other residential or non that she is not occupying any other residential or non urban area of Ludhiana. urban area of Ludhiana.

4. got the It is further alleged that the petitioner–landlord intentionally got the It is further alleged that the petitioner It is further alleged that the petitioner said residential house transferred in her own name with a malafide intention to file said residential house transferred in her own name with a malafide intention to file said residential house transferred in her own name with a malafide intention to file said residential house transferred in her own name with a malafide intention to file the present eviction petition and to create a false plea of personal necessity. the present eviction petition and to create a false plea of personal necessity. the present eviction petition and to create a false plea of personal necessity.

5. landlord and her husband had It is also pleaded that the petitioner–landlord and her husband had It is also pleaded that the petitioner It is also pleaded that the petitioner taken a sum of Rs.2,00,000/ from the applicant as security, which was reduced of Rs.2,00,000/- from the applicant as security, which was reduced from the applicant as security, which was reduced into writing and the original document is lying with the husband of the petitioner– into writing and the original document is lying with the husband of the petitioner into writing and the original document is lying with the husband of the petitioner into writing and the original document is lying with the husband of the petitioner landlord, and that the present eviction petition has been filed with an intention to landlord, and that the present eviction petition has been filed with an intention to landlord, and that the present eviction petition has been filed with an intention to landlord, and that the present eviction petition has been filed with an intention to forfeit the said amount. forfeit the said amo

6. It is pleaded that since the aforesaid facts have surfaced during cross- It is pleaded that since the aforesaid facts have surfaced during cross It is pleaded that since the aforesaid facts have surfaced during cross It is pleaded that since the aforesaid facts have surfaced during cross examination, the applicant seeks to incorporate the same by way of amendment in examination, the applicant seeks to incorporate the same by way of amendment in examination, the applicant seeks to incorporate the same by way of amendment in examination, the applicant seeks to incorporate the same by way of amendment in It is the written statement, both in the preliminary objections as well as on merits. It is the written statement, both in the preliminary objections as well as on merits. the written statement, both in the preliminary objections as well as on merits. hat the proposed amendments are necessary for proper adjudication of the averred that the proposed amendments are necessary for proper adjudication of the hat the proposed amendments are necessary for proper adjudication of the hat the proposed amendments are necessary for proper adjudication of the landlord if the controversy and that no prejudice would be caused to the petitioner–landlord if the controversy and that no prejudice would be caused to the petitioner controversy and that no prejudice would be caused to the petitioner amendment is allowed. amendment is allowed.

7. On these averments, prayer has been made to allow the application On these averments, prayer has been made to allow the application On these averments, prayer has been made to allow the application On these averments, prayer has been made to allow the application mit the applicant to amend the written statement in terms of the proposed and permit the applicant to amend the written statement in terms of the proposed mit the applicant to amend the written statement in terms of the proposed mit the applicant to amend the written statement in terms of the proposed paragraphs annexed with the application. paragraphs annexed with the application. TRIPTI SAINI 2026.01.12 15:38 I attest to the accuracy and integrity of this document CR-9418-2025 (O& (O&M) -3- -

8. Since the short controversy is involved in the present petition, no Since the short controversy is involved in the present petition, n Since the short controversy is involved in the present petition, n Since the short controversy is involved in the present petition, n is required to be issued to the respondent. notice is required to be issued to the respondent. is required to be issued to the respondent.

9. my thoughtful consideration to the submissions advanced I have given my thoughtful consideration to the submissions advanced my thoughtful consideration to the submissions advanced I have given by learned counsel for the petitioner and have carefully gone through the by learned counsel for the petitioner and have carefully gone through the by learned counsel for the petitioner and have carefully gone through the by learned counsel for the petitioner and have carefully gone through the pleadings, the proposed amendments, as well as the stage of the proceedings. At pleadings, the proposed amendments, as well as the stage of the proceedings. pleadings, the proposed amendments, as well as the stage of the proceedings. pleadings, the proposed amendments, as well as the stage of the proceedings. for amendment has been moved after the outset, it is evident that the application for amendment has been moved after for amendment has been moved after the outset, it is evident that the application landlord has already been commencement of trial and after the petitioner–landlord has already been commencement of trial and after the petitioner commencement of trial and after the petitioner

1. Therefore, the proviso to Order 6 Rule 17 examined and cross-examined as PW-1. Therefore, the proviso to Order 6 Rule 17 1. Therefore, the proviso to Order 6 Rule 17 examined and cross ue diligence, CPC squarely applies, and the applicant is required to demonstrate due diligence, CPC squarely applies, and the applicant is required to demonstrate d CPC squarely applies, and the applicant is required to demonstrate d which is conspicuously absent in the present case. which is conspicuously absent in the present case. which is conspicuously absent in the present case.

10. A perusal of the application reveals that the entire foundation of the A perusal of the application reveals that the entire foundation of the A perusal of the application reveals that the entire foundation of the A perusal of the application reveals that the entire foundation of the proposed amendment rests upon certain answers elicited from the petitioner– proposed amendment rests upon certain answers elicited from the petitioner proposed amendment rests upon certain answers elicited from the petitioner proposed amendment rests upon certain answers elicited from the petitioner he applicant seeks to incorporate, by way landlord during her cross-examination. The applicant seeks to incorporate, by way he applicant seeks to incorporate, by way landlord during her cross examination relating to of amendment, alleged admissions made during cross-examination relating to of amendment, alleged admissions made during cross of amendment, alleged admissions made during cross ownership and possession of another residential house and other allied facts. ownership and possession of another residential house and other allied facts. ownership and possession of another residential house and other allied facts.

11. examination Law is well settled that facts which surface during cross-examination Law is well settled that facts which surface during cros Law is well settled that facts which surface during cros do not furnish a valid or independent ground for amendment of pleadings. Cross- do not furnish a valid or independent ground for amendment of pleadings. Cross do not furnish a valid or independent ground for amendment of pleadings. Cross do not furnish a valid or independent ground for amendment of pleadings. Cross examination is meant to test the veracity of the pleadings already on record and to examination is meant to test the veracity of the pleadings already on record and to examination is meant to test the veracity of the pleadings already on record and to examination is meant to test the veracity of the pleadings already on record and to impeach or support the case set up by the opposite party. Any admission, if made, impeach or support the case set up by the opposite party. Any admission, if mad impeach or support the case set up by the opposite party. Any admission, if mad impeach or support the case set up by the opposite party. Any admission, if mad becomes part of the evidentiary record and is required to be appreciated at the becomes part of the evidentiary record and is required to be appreciated at the becomes part of the evidentiary record and is required to be appreciated at the becomes part of the evidentiary record and is required to be appreciated at the stage of final arguments while adjudicating the merits of the case. stage of final arguments while adjudicating the merits of the case. stage of final arguments while adjudicating the merits of the case.

12. The applicant cannot be permitted to convert evidence into pleadings. The applicant cannot be permitted to convert evidence into pleadings. The applicant cannot be permitted to convert evidence into pleadings. The applicant cannot be permitted to convert evidence into pleadings. Allowing amendment on the basis of cross Allowing amendment on the basi examination would amount to s of cross-examination would amount to permitting a party to restructure its defence after assessing the strength or permitting a party to restructure its defence after assessing the strength or permitting a party to restructure its defence after assessing the strength or permitting a party to restructure its defence after assessing the strength or TRIPTI SAINI 2026.01.12 15:38 I attest to the accuracy and integrity of this document CR-9418-2025 (O& (O&M) -4- - weakness of the evidence, which is impermissible in law. Such a course would weakness of the evidence, which is impermissible in law. Such a course would weakness of the evidence, which is impermissible in law. Such a course would weakness of the evidence, which is impermissible in law. Such a course would defeat the very purpose of procedural discipline and fair trial. defeat the very purpose of procedural discipline and fair tria defeat the very purpose of procedural discipline and fair tria

13. Moreover, the facts sought to be incorporated by way of amendment Moreover, the facts sought to be incorporated by way of amendment Moreover, the facts sought to be incorporated by way of amendment Moreover, the facts sought to be incorporated by way of amendment pertain to matters which were either already within the knowledge of the applicant pertain to matters which were either already within the knowledge of the applicant pertain to matters which were either already within the knowledge of the applicant pertain to matters which were either already within the knowledge of the applicant or could have been pleaded with reasonable diligence at the time of filing the or could have been pleaded with reasonable diligence at the time of filing the or could have been pleaded with reasonable diligence at the time of filing the or could have been pleaded with reasonable diligence at the time of filing the tement. The application does not disclose any subsequent event original written statement. The application does not disclose any subsequent event tement. The application does not disclose any subsequent event original written sta occurring after the filing of the written statement which would necessitate occurring after the filing of the written statement which would necessitate occurring after the filing of the written statement which would necessitate occurring after the filing of the written statement which would necessitate amendment.

14. The proposed amendments are also not essential for determining the The proposed amendments are also not essential for determining the The proposed amendments are also not essential for determining the The proposed amendments are also not essential for determining the es, as the issues regarding bona fide requirement real controversy between the parties, as the issues regarding bona fide requirement es, as the issues regarding bona fide requirement real controversy between the parti and availability of alternative accommodation are already subject matter of and availability of alternative accommodation are already subject matter of and availability of alternative accommodation are already subject matter of and availability of alternative accommodation are already subject matter of evidence. The alleged admissions, if any, can very well be argued and appreciated evidence. The alleged admissions, if any, can very well be argued and appreciated evidence. The alleged admissions, if any, can very well be argued and appreciated evidence. The alleged admissions, if any, can very well be argued and appreciated without altering the pleadings. without altering the pleadings.

15. apparent that the application has been filed with an intention It is thus apparent that the application has been filed with an intention apparent that the application has been filed with an intention It is thus to fill up lacunae exposed during trial and to delay the proceedings, rather than to to fill up lacunae exposed during trial and to delay the proceedings, rather than to to fill up lacunae exposed during trial and to delay the proceedings, rather than to to fill up lacunae exposed during trial and to delay the proceedings, rather than to assist the Court in effective adjudication of the dispute. assist the Court in effective adjudication of the dispute. assist the Court in effective adjudication of the dispute.

16. urt finds no error or In view of the aforesaid discussion, this Court finds no error or In view of the aforesaid discussion, this Co In view of the aforesaid discussion, this Co perversity in the order passed by the learned Rent Controller dismissing the perversity in the order passed by the learned Rent Controller dismissing the perversity in the order passed by the learned Rent Controller dismissing the perversity in the order passed by the learned Rent Controller dismissing the Consequently, the present Civil Revision application under Order 6 Rule 17 CPC. Consequently, the present Civil Revision Consequently, the present Civil Revision application under Order 6 Rule 17 CPC. Petition is found to be without any merit and is hereby dismissed. Petition is found to be without any merit and is hereby dismissed. Petition is found to be without any merit and is hereby dismissed.

17. ing application(s), if any, also stand disposed of. Pending application(s), if any, also stand disposed of. Pend January 12, 202 tripti 2026 ( (MANDEEP PANNU) JUDGE Whether speaking/non-speaking : Speaking speaking : Speaking Whether speaking/non : Yes/No : Yes/No Whether reportable Whether reportable TRIPTI SAINI 2026.01.12 15:38 I attest to the accuracy and integrity of this document