LAWS(P&H)-2022-8-288

JEEWAN KUMAR & BROTHERS Vs. NEELAM RAMPAL

Decided On August 08, 2022
Jeewan Kumar And Brothers Appellant
V/S
Neelam Rampal Respondents

JUDGEMENT

(1.) The petitioners-tenant are impugning the order dtd. 16/5/2022 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 said regard.

(3.) Heard learned counsel for the petitioner and perused the relevant material available on record.