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1980 Supreme(P&H) 317

G.C.MITTAL
Shrimati Jaswant Kaur Alias Amarjit Kaur – Appellant
Versus
Shri Inder Ram – Respondent


Judgment

Gokal Chand Mittal, J.

1. Inder Ram filed an application against Smt. Jaswant Kaur for her ejectment from his residential house on the ground that he required the same for his personal necessity. The Rent Controller as well as the Appellate Authority accepted the plea of the landlord and passed ejectment order of the tenant. By the time the revision came to be filed in this court, certain decisions came that if all the ingredients as provided under Section 13(3)(a)(i) of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter called `the Act) are not pleaded and proved, no order of ejectment can be passed. In view of one of those decisions, this revision was admitted. Ultimately, a full Bench of this Court ruled that it is necessary to plead all ingredients. In view of the Full Bench judgment, the respondent-landlord filed Civil Miscellaneous Application No. 3510-CII-78 under Order 6 Rule 17, Code of Civil Procedure, praying for amendment of his eviction application to plead all the ingredients as required by Section 13(3)(a)(i) of the Act. That application was ordered to be heard along with the main revision petition.

2. After hearing the counsel for the parties, I a

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