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1971 Supreme(Del) 249

V.S.DESHPANDE
B. K. KHANNA AND COMPANY PRIVATE LIMITED – Appellant
Versus
K. C. NAHAR – Respondent


Advocates Appeared:
BINDRA RANA, C.R.MITTAL, M.S.GANESH, S.PAPPU

V. S. DESHPANDE, J.

( 1 ) THIS is an application under Article 227 of the Constitution by the petitioner-tenant against the respondents-landlords for quashing the order dated 27th January, 1971 of Shri Jaspal Singh, Controller. By the impugned order the Controller allowed the applications of the landlords for amendment of their petition for eviction against the tenant. The amendment sought to add as co-respondents certain companies who, according to the landlords, were in actual possession of the premises because the tenant had either sublet or parted with the possession of the premises to them. The tenant denied subletting as well as parting with the possession and said that these other companies were subsidiary companies of the petitioner which was the parent company. The main grounds of challenge lirged by the petitioner are as follows:-

1. The Controller had no jurisdiction to entertain and allow an application for the amendment of the petition of the landlord for the eviction of the tenant in as much as the provisions of order 6 Rule 17 Civil Procedure Code did not apply to the enquiry held by the Controller in the proceeding before him. 2. If the Code of Civil Procedure is hel









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