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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
AMARINDER SINGH GREWAL
Prabha Singh – Appellant
Versus
Kiran Mahindra – Respondent
JUDGMENT :
AMARINDER SINGH GREWAL, J.
1. The present revision petition has been filed under Article 227 of the Constitution of India challenging the order dated 02.09.2025, passed by the learned Rent Controller, Ludhiana, whereby the application filed by the respondent-landlady under Order 6 Rule 17 CPC for amendment of the pleadings in Rent Petition No. RP/619/2019 was allowed.
2. Brief facts of the case are that the petitioner is a tenant in the demised premises since 1994 and is running a gas agency therefrom. The mother of the present respondent was the original landlady. It is undisputed that the respondent had earlier filed Rent Petition No. 471 of 2016 wherein Issue No. 1 relating to arrears of rent and liability of the tenant towards payment of house tax was decided in favour of the present petitioner. The said petition was otherwise dismissed on other grounds, and an appeal filed by the present petitioner is pending adjudication.
2.1. The respondent thereafter instituted another rent petition in 2019 i.e., RP/619/2019, for eviction of the petitioner from the same premises. During pendency of the said petition, the respondent moved an application under Order 6 Rule 17 CPC seek
Amendment of pleadings in rent control cases should be liberally allowed, and subsequent liabilities can be independently adjudicated despite prior findings.
The Rent Control Legislation is a self-contained code, and principles of res judicata do not apply when circumstances change between petitions filed under different Acts.
Amendments post-trial commencement are impermissible unless due diligence is shown, reinforcing procedural discipline in judicial proceedings.
Revisional jurisdiction under the Rent Act cannot be equated with appellate jurisdiction; it is limited to assessing legality and propriety without re-evaluating evidence.
The main legal point established in the judgment is that under Order VI Rule 17 of the CPC, all amendments necessary for determining the real questions in controversy between the parties should be al....
The court established that tenancy obligations persist despite a fixed-term lease expiry, emphasizing proper compliance with eviction notices as crucial for tenant protection.
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