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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
PANKAJ JAIN
Rakesh Aggarwal – Appellant
Versus
Urmil Rani Khosla Alias Urmil Rani – Respondent
JUDGMENT :
Pankaj Jain, J. (Oral)
1. At the outset, counsel for the petitioners submits that inadvertently, the revision petition has been filed under Article 227 of the Constitution of India and the same may be treated as petition under Section 15 (5) of the East Punjab Urban Rent Restriction Act, 1949.
2. Ordered accordingly.
3. Present petition is directed against order dated 10.05.2023 whereby application filed by the respondent, seeking amendment of the written statement, stands declined.
4. The petitioners are tenants, who are facing eviction petition filed by the respondent-landlord under Section 13 of the 1949 Act on the ground of bona fide need. The proposed amendment reads as under:-
'(i) That one of the younger sons of the petitioner namely Sandeep Khosla has left for Australia along with his family members i.e. his wife and two sons. The said Sandeep Khosla left India about six months ago. It is further submitted that the petitioner-landlord has recently purchased one other building measuring 544 Sq. yds situated at District Shopping Complex, Ranjit Avenue, Amritsar on 13.12.2021. Thus, the petitioner-landlord has got sufficient accommodation in her possession for business pu
The court upheld the Rent Controller's decision denying the tenants' amendment request due to lack of evidence substantiating bona fide need, emphasizing the need for timely and justified procedural ....
The main legal point established in the judgment is that proposed amendments to an ejectment application under the East Punjab Urban Rent Restriction Act, 1949 must be necessary for the proper and ju....
Amendments to pleadings in appellate proceedings must be timely and bona fide, and should not prejudice the other party.
Tenants cannot contest eviction on grounds of non-pleaded necessary ingredients if not raised earlier, preserving the landlord's rights and addressing bona fide needs.
The court emphasized the necessity for just and proper adjudication of the case and considered the genuineness and bonafide nature of the landlord's requirement in the context of amendment applicatio....
The recurring nature of the landlord's bona fide requirement justifies granting liberty to withdraw the eviction petition and file a fresh one on the same cause of action.
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