B S BAWA Vs. DESRAJ KHANNA

JUDGEMENT

(1.) The only question involved in this revision petition under section 115 of the Code of Civil Procedure, directed against an interlocutory order of the Additional Controller, allowing the amendment of respondent's eviction petition, is about its maintainability.

(2.) The respondent filed an eviction petition under section 14 of the Delhi Rent Control Act, 1958 for the petitioner tenant's eviction. He then filed an application for amendment of the petition by adding a new plea of second default in payment of rent referred to in the proviso to sub section (2) of section 14. The amendment was allowed. No appeal was filed against the amendment The tenant has filed a petition of revision under section 115 of the Code of Civil Procedure.

(3.) When the attention of the learned counsel for the petitioner was drawn to the repeatedly expressed views of this court that the Controller appointed under the Rent Control Act is not a civil court governed by the Code of Civil Procedure, although the provisions of the Code provide a guide as far as possible to regulate the procedure not otherwise provided by the Act, she prayed that her petition be treated as a petition under Article 227 of the Constitution of India.