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2022 Supreme(P&H) 2115

MANJARI NEHRU KAUL
Jeewan Kumar & Brothers – Appellant
Versus
Neelam Rampal – Respondent


Advocates appeared:
Mr. Vinod Kumar Kaushal, Advocate, for the Appellant

JUDGMENT

Manjari Nehru Kaul, J.(Oral) - The petitioners-tenant are impugning the order dated 16.05.2022 passed by the Rent Controller, Amritsar vide which an application filed by them under Order 6 Rule 17 CPC for amendment of the written statement, was dismissed.

2. Learned counsel for the petitioners inter alia contends that the impugned order is patently illegal and the Rent Controller failed to exercise its discretion as per the settled principles of law. He submits that the Rent Controller failed to appreciate that the proposed amendment was material for a just and effective adjudication of the matter in dispute. He further submits that subsequent to the filing of the rent petition, certain events had come to the fore from which it was discernible that the respondent-landlord was wanting to sell out the demised premises. Thus, her ground for eviction i.e. bona fide need, was a mere eyewash. Learned counsel still further submits that the proposed amendment of the written statement would not in any manner delay the trial as the respondent-landlord had already been cross-examined on those aspects and still further, the petitioner would not be leading any further evidence in the sai

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