SANDHAWALIA, J.

1. Whether the provisions of the East Punjab Urban Rent Restriction Act, 1949 , impliedly bar the trying of an issue as a preliminary one by the Rent Controller is the significant question which had necessitated the admission of this revision petition for decision by a Division Bench.

2. The facts are not in dispute and lie within a narrow compass. Om Prakash Nirwania, respondent-landlord had preferred an application under Section 13 of the East Punjab Urban Rent Restriction Act (hereinafter called the Act) for the ejectment of Ved Parkash petitioner-tenant on the ground of non-payment of rent and further that the tenant had materially impaired the value and the utility of the premises leased out to him. The petitioner-tenant contested the application and also tendered the rent which was accepted by the respondent-landlord under protest on the ground that the same was not complete and legal.

On the pleadings of the parties the Court struck the following issues:-

1. Whether the respondent is liable to ejectment on grounds mentioned in the application?

2. Whether the tender is not valid?

3. Whether the application is not verified in accordance with law?

4. Whe