CR-5658- IN THE HIGH COURT OF PUNJAB AND HARYANA AT Shri Guru Arjan Dev Govt. Girls Sr. Sec. School and ors. Managing CORAM: HON'BLE MR. JUSTICE Present : HARKESH MANUJA, made to an order dated Controller filed on behalf of the petitioner No.1/ Tenant seeking amend the written statement was declined. 2. the petitioner No.1/ tenant from the demised premises fide need. The issues in the Rent Petition were framed on 16.10.2017. Thereafter concluded on 02.02.2022 followed by listing of the proceedings for recording of evidence of petitioner No.1/ tenant. During the said -2023 (O&M) [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR-5658 Date of Decision: 03.11.202 Shri Guru Arjan Dev Govt. Girls Sr. Sec. School and ors. VERSUS Managing Committee, Mata Ganga Girls College, Tarn Taran CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA Present : Mr. Athar Ahmed, DAG, Punjab for the petitioners. Mr. Ashish Aggarwal, Advocate for the respondent. **** HARKESH MANUJA, J. (ORAL) By way of present revision petition, challenge has been made to an order dated 14.07.2023 passed by learned Rent Controller-cum-Civil Judge (Senior Division) filed on behalf of the petitioner No.1/ Tenant seeking amend the written statement was declined. Briefly stating, the respondent/landlord sought eviction of the petitioner No.1/ tenant from the demised premises need. The issues in the Rent Petition were framed on 16.10.2017. Thereafter, the evidence of the respondent/ landlord was concluded on 02.02.2022 followed by listing of the proceedings for recording of evidence of petitioner No.1/ tenant. During the said IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 5658-2023 (O&M) Date of Decision: 03.11.2025 Shri Guru Arjan Dev Govt. Girls Sr. Sec. School and ors. ...Petitioners Committee, Mata Ganga Girls College, Tarn Taran ...Respondent HARKESH MANUJA Athar Ahmed, DAG, Punjab Mr. Ashish Aggarwal, Advocate By way of present revision petition, challenge has been 14.07.2023 passed by learned Rent Civil Judge (Senior Division), whereby an application filed on behalf of the petitioner No.1/ Tenant seeking amendment of Briefly stating, the respondent/landlord sought eviction of the petitioner No.1/ tenant from the demised premises alleging bona need. The issues in the Rent Petition were framed on , the evidence of the respondent/ landlord was concluded on 02.02.2022 followed by listing of the proceedings for recording of evidence of petitioner No.1/ tenant. During the said By way of present revision petition, challenge has been 14.07.2023 passed by learned Rent , whereby an application ment of Briefly stating, the respondent/landlord sought eviction of bona need. The issues in the Rent Petition were framed on , the evidence of the respondent/ landlord was concluded on 02.02.2022 followed by listing of the proceedings for recording of evidence of petitioner No.1/ tenant. During the said SANJAY GUPTA 2025.11.04 17:21 I attest to the accuracy and integrity of this document CR-5658- proceedings behalf of p statement so as to take a plea that vide writing dated 08.10.1948, the respondent Trust had undertaken that till the time, building in question was used for Girls School, the same shall not be got vacated. The said application was opposed at the instance of respondent/ landlord. The learned Rent Controller vide order dated 14.07.2023 rejected the prayer amendment of the written statement by petitioner No.1/ tenant. 3. through the paper 4. raised by way of material to the rights of the parties, the prayer made on behalf of petitioner No.1/ tenant needs to be allowed by permitting it to include one paragraph limited to the extent of writing dated 08.10.1948. The amendment sought to for by the petitioner/ tenant shall also enable the learned Rent Controller to adjudicate upon the rights of the parties in complete and effective manner. 5. rule of justice, equity and good conscience and has to be exercised in larger interest in doing complete justice between the parties. -2023 (O&M) [2] proceedings, an application dated 07.04.2022 came to be filed on behalf of petitioner No.1/ tenant seeking permission to amend written statement so as to take a plea that vide writing dated 08.10.1948, the respondent Trust had undertaken that till the time, building in question was used for Girls School, the same shall not be got vacated. The said application was opposed at the instance of respondent/ landlord. The learned Rent Controller vide order dated 14.07.2023 rejected the prayer made in the application seeking amendment of the written statement by petitioner No.1/ tenant. I have heard learned counsel for the parties and gone through the paper-book. Without going into the merits of the plea sought to be raised by way of amendment of written statement, the said plea being material to the rights of the parties, the prayer made on behalf of petitioner No.1/ tenant needs to be allowed by permitting it to include one paragraph limited to the extent of writing dated 08.10.1948. The amendment sought to for by the petitioner/ tenant shall also enable the learned Rent Controller to adjudicate upon the rights of the parties in complete and effective manner. It is settled law that rule of amendment i rule of justice, equity and good conscience and has to be exercised in larger interest in doing complete justice between the parties. Mere fact that the application seeking amendment of , an application dated 07.04.2022 came to be filed on etitioner No.1/ tenant seeking permission to amend written statement so as to take a plea that vide writing dated 08.10.1948, the respondent Trust had undertaken that till the time, building in question was used for Girls School, the same shall not be got vacated. The said application was opposed at the instance of respondent/ landlord. The learned Rent Controller vide order dated made in the application seeking amendment of the written statement by petitioner No.1/ tenant. I have heard learned counsel for the parties and gone Without going into the merits of the plea sought to be amendment of written statement, the said plea being material to the rights of the parties, the prayer made on behalf of petitioner No.1/ tenant needs to be allowed by permitting it to include one paragraph limited to the extent of raising plea with respect writing dated 08.10.1948. The amendment sought to for by the petitioner/ tenant shall also enable the learned Rent Controller to adjudicate upon the rights of the parties in complete and effective It is settled law that rule of amendment is essentially a rule of justice, equity and good conscience and has to be exercised in larger interest in doing complete justice between the parties. Mere fact that the application seeking amendment of , an application dated 07.04.2022 came to be filed on etitioner No.1/ tenant seeking permission to amend written statement so as to take a plea that vide writing dated 08.10.1948, the respondent Trust had undertaken that till the time, building in question was used for Girls School, the same shall not be got vacated. The said application was opposed at the instance of respondent/ landlord. The learned Rent Controller vide order dated made in the application seeking I have heard learned counsel for the parties and gone Without going into the merits of the plea sought to be amendment of written statement, the said plea being material to the rights of the parties, the prayer made on behalf of petitioner No.1/ tenant needs to be allowed by permitting it to include raising plea with respect to writing dated 08.10.1948. The amendment sought to for by the petitioner/ tenant shall also enable the learned Rent Controller to adjudicate upon the rights of the parties in complete and effective s essentially a rule of justice, equity and good conscience and has to be exercised in Mere fact that the application seeking amendment of SANJAY GUPTA 2025.11.04 17:21 I attest to the accuracy and integrity of this document CR-5658- written statement has been moved on behalf of petit tenant in the eviction proceedings, would not be sufficient to prejudice the respondents especially when the eviction from the premises primarily relates to 6. petitioner No.1/ tenant while having approached the Rent Controller for the purpose of seeking amendment in the written statement. However, keeping in mind that the procedures are handmaiden of justice, rather than adhering to a hypertechnical approach, the case at hand needs to be addressed by adopting a pragmatic approach. 7. petition is allowed. The order dated 14.07.2023 passed by the Rent Controller is hereby set aside. 8. expedite the proceedings arising out of the eviction petition preferred at the instance of respondent No.1 today. 9. disposed of. 03.11.2025 sanjay -2023 (O&M) [3] written statement has been moved on behalf of petit tenant in the eviction proceedings, would not be sufficient to prejudice the respondents especially when the eviction from the premises primarily relates to petitioner No.1 only. Admittedly, there has been some delay on the part of er No.1/ tenant while having approached the Rent Controller for the purpose of seeking amendment in the written statement. However, keeping in mind that the procedures are handmaiden of justice, rather than adhering to a hypertechnical approach, the case t hand needs to be addressed by adopting a pragmatic approach. In view of the discussion made hereinabove, the revision petition is allowed. The order dated 14.07.2023 passed by the Rent Controller is hereby set aside. At this stage, learned Rent expedite the proceedings arising out of the eviction petition preferred at the instance of respondent No.1, preferably within one year from Pending misc. application(s), if any, shall also stand disposed of. .2025 (HARKESH MANUJA) Whether speaking/reasoned ? Whether Reportable ? written statement has been moved on behalf of petitioner No.1/ tenant in the eviction proceedings, would not be sufficient to prejudice the respondents especially when the eviction from the premises No.1 only. Admittedly, there has been some delay on the part of er No.1/ tenant while having approached the Rent Controller for the purpose of seeking amendment in the written statement. However, keeping in mind that the procedures are handmaiden of justice, rather than adhering to a hypertechnical approach, the case t hand needs to be addressed by adopting a pragmatic approach. In view of the discussion made hereinabove, the revision petition is allowed. The order dated 14.07.2023 passed by the Rent At this stage, learned Rent Controller is requested to expedite the proceedings arising out of the eviction petition preferred , preferably within one year from Pending misc. application(s), if any, shall also stand (HARKESH MANUJA) JUDGE Whether speaking/reasoned ? Yes/No Yes/No ioner No.1/ tenant in the eviction proceedings, would not be sufficient to prejudice the respondents especially when the eviction from the premises Admittedly, there has been some delay on the part of er No.1/ tenant while having approached the Rent Controller for the purpose of seeking amendment in the written statement. However, keeping in mind that the procedures are handmaiden of justice, rather than adhering to a hypertechnical approach, the case In view of the discussion made hereinabove, the revision petition is allowed. The order dated 14.07.2023 passed by the Rent Controller is requested to expedite the proceedings arising out of the eviction petition preferred , preferably within one year from Pending misc. application(s), if any, shall also stand SANJAY GUPTA 2025.11.04 17:21 I attest to the accuracy and integrity of this document