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CR-4399-2026(O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

(124)

CR-4399-2026(O&M)

Date of Decision:-25.05.2026

Rakesh Puri

……Petitioner

Versus

Pooja Mahajan

……Respondent

CORAM: HON’BLE MR. JUSTICE AMARINDER SINGH GREWAL

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Present: Mr. Vinod K. Kaushal, Advocate

for the petitioner.

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AMARINDER SINGH GREWAL, J. (Oral)

1. The present petition has been filed under Article 227 of the

Constitution of India, seeking setting aside of the impugned order dated

09.08.2024, passed by the learned Rent Controller, Amritsar, whereby the

defence of the petitioner-defendant was struck off on account of non-filing

of the written statement.

2. Briefly, the facts are that the respondent-landlady instituted an

ejectment petition under Section 13 of the East Punjab Urban Rent

Restriction Act, 1949 against the petitioner-tenant. On 19.02.2024, the

petitioner appeared before the learned trial Court for the first time. Vide

order dated 09.08.2024, the learned trial Court struck off the defence of the

petitioner on the ground of non-filing of the written statement.

3. Learned counsel for the petitioner submits that the petitioner

was not afforded adequate and reasonable opportunity to file the written

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SHUBHAM

2026.05.26 11:53

I am the author of this

document

CR-4399-2026(O&M)

statement. He further contends that he is ready to pay the arrears of rent

before the learned Rent Controller and therefore, striking off the

petitioner’s defence at this stage would cause grave prejudice to his rights

and adversely affect the fair trial of the case. Thus, for proper adjudication

of the matter and in view of the valuable rights involved, it is necessary to

grant one effective opportunity to the petitioner for filing the written

statement.

4. I have heard learned counsel for the petitioner and perused the

paper-book.

5. In view of the order proposed to be passed, issuance of notice

to the respondent is dispensed with, as the same would delay the

proceedings besides entailing additional expense.

6. After hearing learned counsel for the petitioner and upon

perusal of the case record, this Court is of the considered view that, since

valuable rights of the petitioner are involved, it would be in the interest of

justice to grant one effective opportunity for filing of the written statement

in the rent petition pending before the learned Rent Controller.

7. Accordingly, the present petition is allowed, without

commenting upon the merits of the case. The impugned order dated

09.08.2024, passed by the learned Rent Controller, Amritsar, is hereby set

aside, subject to payment of costs of ₹10,000/-, to be deposited by the

petitioner with the District Legal Services Authority, Amritsar.

8. The petitioner shall appear before the learned trial Court on the

date already fixed and, upon production of the receipt qua deposit of costs,

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SHUBHAM

2026.05.26 11:53

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document

CR-4399-2026(O&M)

the Rent Controller shall grant one effective opportunity to the petitioner

for filing the written statement.

9. The Registry is directed to forward a copy of this order to the

learned Rent Controller, Amritsar, for compliance.

10. All pending application(s), if any, stand disposed of

accordingly.

(AMARINDER SINGH GREWAL)

JUDGE

25.05.2026

Shubham

Whether speaking/reasoned:- Yes/No

Whether Reportable:- Yes/No

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SHUBHAM

2026.05.26 11:53

I am the author of this

document