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1974 Supreme(Del) 84

T.V.R.TATACHARI, YOGESHWAR DAYAL, V.S.DESHPANDE
ABNASH KAUR – Appellant
Versus
AVINASH NAYYAR – Respondent


Advocates Appeared:
ANIL BHATNAGAR, ARUN MOHAN, G.C.MITTAL, M.L.BHARGAV, R.L.TANDON

V. S. DESHPANDE, J.

( 1 ) WHILE a petition by the landlord (Respondent No. 1) for the eviction of the tenant (petitioner) on the ground of non-payment of rent under clause (a) of the proviso to subsection (1) of section 14 of the Delhi Rent Control Act, 1958 (hereinafter called the Act) was pending for some time, the landlord went to inspect the premises and is said to have found that the premises had been substantially damaged by the tenant.

( 2 ) HE, therefore, applied for an amendment of the petition for eviction with a view to add another ground for the eviction of the tenant under clause (j) of the proviso to sub-section (1) of section 14" namely, that the tenant has caused or permitted to be caused substantial damage to the premises. The Rent controller allowed the petition to be amended apparently because only an additional ground to claim the same relief of eviction was being added. The tenant (petitioner) has filed this petition under Article 227 of the constitution alleging that the said order of the controller allowing the amendment was without jurisdiction and beyond the scope of order VI rule 17 of the civil procedure Code and is liable to be quashed.

( 3 ) IN support















































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