PREM CHAND Vs. SUBHASH CHAND SAINI

JUDGEMENT

(1.) PRESENT petition is directed against the impugned order passed by Ld. Additional Rent Controller dated 12. 02. 2008 allowing the application of respondent/landlord for amendment of eviction petition which was originally filed on the ground of non-payment of rent.

(2.) RESPONDENT/landlord has filed a petition under Section 14 (l) (a) of delhi Rent Control Act, (hereinafter referred to as othe Acto) against petitioner/tenant seeking eviction of the tenanted premises. It is stated that the tenanted premises is situated in slum area. Before filing petition, respondent/landlord obtained permission from competent authority (Slum)vide order dated 07. 07. 2005. After obtaining the permission, a petition under section 14 (l) (a) of DRC Act was filed. During the pendency of the said eviction petition, respondent/landlord moved an application under Order 6 rule 17 read with Section 151 CPC praying for amendment of the eviction petition by adding alleged ground of sub-letting of the tenanted premises by petitioner/tenant to one Sh. Raju and thus prayed eviction on the ground of sub-letting also. The said amendment application was opposed by the petitioner/landlord on the ground that there is no sub-letting as is alleged and that the case is at the stage of respondent/landlord's evidence and as such, it was not the stage to seek amendment.

(3.) LEARNED ARC by observing that the alleged ground of sub-letting was a subsequent event and had come to the knowledge of the respondent/landlord only after filing of the eviction petition and that respondent/tenant has tendered affidavit of one witness in evidence who is yet to be cross-examined, allowed the amendment application. Aggrieved with the same, present petition is filed.