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1974 Supreme(P&H) 12

R.S.NARULA
Chaman Lal Narang – Appellant
Versus
Ashwani Kumar – Respondent


Judgment

, J.

1. Two points have been urged by Mr. Jatinder Vir Gupta in support of this petition for revision of the order of the Rent Controller, Chandigarh, dated February 27, 1973, allowing the landlord respondent to amend their application for ejectment of the petitioner by adding thereto the ground of further subletting of a portion of the premises to Mr. D. Paul, a photographer, during the pendency of the eviction proceedings, namely:

"(i) that the Rent Controller has no jurisdiction to allow amendment of an application for eviction as the provisions of Rule 17 of Order 6 of the Code of Civil Procedure have not been made applicable to proceedings before the Rent Controller under Section 16 of the East Punjab Urban Rent Restriction Act (3 of 1949)(hereinafter called the Act) and

(ii) that the alleged subsequent subletting of portion of the premises constitutes a distinct and separate cause of action for eviction under Section 13 of the Act, and should, therefore, have formed the subject-matter of a separate application for eviction particularly when the landlord-respondents have filed several subsequent application for eviction during the pendency of the present case.

2. Mr. N



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