GYAN CHAND JAIN Vs. STANDARD PHARMACEUTICALS PRIVATE LIMITED

JUDGEMENT

(1.) This petition is directed against an order of Addl. Rent Controller dated 5th February, 1993 rejecting the application of the landlord for amendment of the written statement. The eviction petition had been filed by the landlord under clause (a) of proviso Sub-section (1) of Section 14 of the Delhi Rent Control Act (hereinafter referred to as the 'Act') on the ground of non-payment of rent. The application for amendment of the petition was filed so as to take an additiona I ground of eviction under clause (b) to the same proviso, i.e. Sub-letting.

(2.) By the impugned order the Addl. Rent Controller has held that this is a fresh cause of action available to the petitioner landlord for which he may file a fresh petition and it is not necessary to incorporate the same in the present eviction petition. The learned Counsel for the petitioner has relied upon a Full Bench decision of this Court in Abnash Kaur v. Dr. Avinash Nayyor & Ors., AIR 1975 Delhi 46. In the said decision it was held by this Court that there is no inflexible rule that a cause of action arising subsequent to the filing of the petition for eviction cannot be added in the petition by way of amendment.

(3.) In view of the said Full Bench judgment I am of the view that the amendment ought to have been allowed. It would have been also proper to allow the amendment in order to avoid multiplicity of proceedings. It is settled law that a landlord can institute an eviction petition by urging more than one grounds for eviction.