SURINDER PAL KAPOOR Vs. J K WOOLEN INDUSTRIES

JUDGEMENT

(1.) For the reasons stated in the application the application is allowed and the petition is restored to its original number by recall of the order dated 16th September, 2005 dismissing the petition for non-prosecution.

(2.) The respondent/landlord filed a petition under Section 14(1)(b), (c), (d) and (j) of the Delhi Rent Control Act, 1958(hereinafter referred to as the said Act) against the petitioner/tenant. The respondent filed an application under Order 6 Rule 17 read with Section 151 of the Code of Civil Procedure, 1908 to amend the petition to incorporate the relief of bona fide requirement of the tenanted premises under Section 14(1)(e) of the said Act. This amendment application, however, was not decided and the evidence of the landlord began. At that stage it was insisted that the application should be taken up and decided first. The application has been allowed in terms of the impugned order dated 24th July, 2002. This order is now sought to be impugned in the present proceedings under Article 227 of the Constitution of India.

(3.) The substratum of the submissions of the learned counsel for the petitioner is that in case of an application under Section 14(1)(e) of the said Act a special procedure is prescribed as set out under Section 25B of the said Act for disposal of such an application and thus the ground of eviction of bona fide requirement cannot be clubbed with any other ground for seeking eviction of a tenant.