1. Second respondent herein (landlord) on 27-5-1982 filed RCP. 10/1982 before the Rent Controller, Taliparamba for eviction of the petitioner herein (tenant) under S.11(2) (b) and (3) of Kerala Buildings (Lease and Rent Control) Act, 1965 (for short'the Act') alleging that the tenant has kept rent in arrears and the landlord bona fide needs the building for the occupation of his dependant son who needs the same for starting a business. The tenant filed a counter-statement opposing the claim. On 28-6-1982, second respondent filed IA. 539/1982 seeking to amend the RC. petition by incorporating the fact that the business to be started by his son is business in foot-wear, umbrellas, suit-case bag etc. The application was opposed but was allowed by the Rent Controller under Ext. P3 order. The legality of this order is now challenged by the tenant under Art.226 of the Constitution of India.

2. It is the contention of the petitioner that the Rent Controller has no jurisdiction or power to allow an amendment of the petition for eviction filed by the landlord. In this connection, reliance is placed on S.23 of the Act. Sub-section (1) of S.23 states that subject to such conditions