( 1 ) RESPONDENT no. 1 obtained an eviction order against respondent no. 2. on the ground in S. 14 (1) (h ). Appellant then applied under S. 25 of the Rent Act claiming to be in prossession as a lawful sub-tenant since 1952 pleading that he had given notice U/s 16 (2) to the landlord of the fact of sub-tenancy when the Rent Act came into force. Landlord denied receipt of this notice. Appellent did not allege that sub-tenancy was with the written permission of the landlord and due to this omission the Controller held that the application did not disclose any cause of action. In appeal the appellant applied for amendment of his application to include the plea that the sub-tenancy was with the written permission of the landlord. Application for amendment wars held as not bona fide and the appeal was dismissed. The Appellant then approached High Court, where 2 questions for decision were formulated (1) Whether pleading of the objector was wrongly dismissed as not disclosing cause of action, and (2) whether application for amendment was wrongly disallowed as mala fide. Para 5 onwards the judgement is :- Question No. (1) :

( 2 ) ACCORDING to the principles underlying Orde