This court dismissed a revision petition seeking amendment of a written statement in a rent control dispute under Order 6 Rule 17 CPC. The court upheld the lower authority's rejection of the amendment as barred by the proviso and not bona fide, as the tenant could have pleaded the claim earlier.
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CR No.2569 of 2024
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133 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CR No.2569 of 2024 Date of decision : 05.08.2024
LALIT MOHAN SINGLA ....Petitioner
Versus
KANWALJIT SINGH ....Respondent
CORAM: HON'BLE MR. JUSTICE PANKAJ JAIN
Present : Mr. Pritam S. Saini, Advocate for the petitioner.
PANKAJ JAIN, J. (ORAL)
Tenant is in revision aggrieved of the order dated 2nd of April, 2024 whereby application filed under Order 6 Rule 17 CPC seeking amendment of the written statement stands dismissed.
“14-A. That as per the equitable principle of the Rights of Lessor's Transferee, while transferring a property, a man may renounce a right but not one coupled with a duty para 3 (e) of the lease deeds dated 25.05.1984 and 30.04.1993 casted a duty on the lessor to
Deepak Kumar 2024.08.12 18:28 I attest to the accuracy and integrity of this document
CR No.2569 of 2024
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carry out annual repairs including white washing every years and painting and polishing works to be carried out once in three years of the demised property. The father of the petitioner Shri Jaswant Singh (the earlier landlord) used to ask the applicant/ tenant to get the repairs/ whitewash/painting and polishing work done and that he will either reimburse or adjust the expenses incurred. The applicant/ tenant and father of respondent/ landlord were having very healthy and cordial relations. Shri Jaswant Singh father of the petitioner/ landlord had not reimbursed the expenses incurred by the applicant/ tenant from 01.06.1987. From 01.06.1987 onwards, the applicant/ tenant has been spending money on the repairs, white wash, painting and polishing work every three years. The applicant/ tenant has incurred total sum of Rs. 6,40,000/- till 31.03.2022 and the same along with interest @ 18% per annum is outstanding which comes to Rs. 13,37,860/-. The applicant/ tenant has possession of 1st and 2nd floor of demised property in question in the year 2012 and since then he has not shared the water bill. The outstanding amount on this account comes to Rs. 1,06,230/and the same along with interest @ 18% per annum is outstanding which comes to Rs. 2,05,880/-. Thus the total outstanding dues on both the accounts come to Rs. 15,43,740/-.
That the applicant/ tenant kept on requesting to the respondent/ landlord and the earlier landlords for paying or adjusting the amount in rent spent on repair, white wash, painting and polishing jobs etc. Although the respondent/ landlord and earlier landlords admitted/agreed to pay or adjust the amount spent but neither paid to the applicant/ tenant nor adjusted towards the rent.
When applicant/ tenant again insisted to the above said amount spent in rent the respondent/ landlord filed the subsequent rent petition bearing No. RC 32 of 2022. The applicant/ tenant while filing the written statement in the above said subsequent rent petition has also filed a counter claim."
Deepak Kumar 2024.08.12 18:28 I attest to the accuracy and integrity of this document
CR No.2569 of 2024
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Deepak Kumar 2024.08.12 18:28 I attest to the accuracy and integrity of this document
CR No.2569 of 2024
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| August 05, 2024 | (Pankaj Jain) | |
|---|---|---|
| Dpr | Judge | |
| Whether speaking/reasoned | : | Yes/No |
| Whether reportable | : | Yes/No |
Deepak Kumar 2024.08.12 18:28 I attest to the accuracy and integrity of this document
3 issues framed by the court
Whether an application under Order 6 Rule 17 CPC to amend a written statement to include a counterclaim for repair costs and interest is maintainable.
Whether the proposed amendment is bona fide when the tenant knew about the expenses at the time of filing the written statement.
Whether a Revision Petition should be allowed to interfere with the Rent Controller's dismissal of the amendment application.
1 provisions across 1 enactments
LALIT MOHAN SINGLA
KANWALJIT SINGH
PANKAJ JAIN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
