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1979 Supreme(Del) 39

RAJINDAR SACHAR
SUCHET SINGH – Appellant
Versus
CHANDER BAL – Respondent


Advocates Appeared:
AMARJIT SINGH, ASHVANI KUMAR, Y.K.SABHARVAL

Rajinder Sachar, J.

( 1 ) THIS is a petition for revision against the order of the Rent Controller permitting amendment of the petition for eviction filed against the petitioner tenant.

( 2 ) THE landlord filed an application on 1. 3. 1976 for eviction under 14 A of the Delhi Rent Control Act. It appears the proceedings did not reach the finality and therefore the matter was fixed, for evidence of the respondent-landlord obviously in view of the subsequent developments and changes so far as the orders-issued under Section 14 A, thought of amending the petition and applied to the Rent Controller for so doing. The petitioner wanted to include ground (e) under proviso to Sub-section (1) of Section 14 of the Act. This has been allowed and the tenant has come up to this court by way of revision.

( 3 ) MUCH arguments were raised by both the counsel as to the desirability or the premissibility of the amendment. On behalf of the petitioner it was objected that the amendment could not be allowed under law because the same would be barred under Order 2 Rule 2 C. P. C. if a fresh eviction was brought at this stage. The contention being that if a fresh application was to be barred under Sec. 1


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