( 1 ) THIS revision petition challenges the judgment and order dated 19th January, 1980 of the Additional Controller, Delhi dismissing the petitioner s application for leave to amend the eviction application. Briefly the facts are that the petitioner-landlord filed an application for eviction of the respondent-tenant under Section 14 (l) (c)of the Delhi Rent Control Act, 1958 (hereinafter REFERRED TO to as the Act ) on 21st January, 1977. On an application by the respondent he was granted leave to contest. He filed the written statement. The landlord examined his evidence and the respondent also examined most of his evidence. On 30th August, 1979 the petitioner made an application under Order 6 rule 17 of the Code of Civil Procedure (hereinafter REFERRED TO to as the Code ) seeking leave to amend the eviction petition by adding a ground of eviction under Section 14 (1) (h) of the Act alleging that the tenant has now acquired vacant possession of the residence at C-24, Ashok Vihar Phase I, Delhi and has shifted therein along with his family members. This application was resisted by the respondent. The Additional Controller dismissed the application on the ground t