KUSHALPAL SINGH Vs. JAGMOHAN KHANNA

JUDGEMENT

(1.) This petition is directed against the judgment dated 2.4.1998 of the Rent Control Tribunal, Delhi in RCA No.25/1998 whereby the Tribunal has declined to entertain the appeal on the ground that it does not fall within the scope of Section 105 CPC as it is not an appeal against the final order or decree and, therefore, not maintainable.

(2.) Brief facts of the case as noted by the Additional Rent Controller, Delhi are as follows:-

(3.) It is contended by counsel for the petitioners that the learned Additional Rent Controller ought not to have allowed the amendment sought under Order 6 rule 17 CPC in view of the categories stand of the tenant that petitioner no.1 and 2 are both not owners of the premises in question. He submits that a totally inconsistent stand changing the very nature of the admission cannot be allowed. He relies upon a judgment of the Supreme court in Shiromani Gurudwara Committee Vs. Jaswant Singh, JT 1996 (8) SC 292. On the other hand counsel for the respondent contends that there is no inconsistency in the stand and that by way of an affidavit under Section 25B of the Delhi Rent Control Act (hereinafter called the Act) as also in his written statement he categorically denies the ownership of petitioner no.1. However, to boost his case, based on the documents of the petitioners he wishes to take an additional plea to the effect that petitioner no.2 is the owner, which fact he has come to know only on going through the documents filed by the petitioners.