ANIL KUMAR Vs. RAM KUMAR GUPTA

JUDGEMENT

(1.) Petitioner impugns order dated 30.10.2019 whereby the Rent Controller has permitted the respondent to amend the eviction petition on an oral prayer and restrict his eviction petition to Section 14(1) (e) of the Delhi Rent Control Act, (hereinafter referred to as the DRC Act) and there after recorded that the summons under the 3rd Schedule are issued for service of the petitioner and that learned counsel for the petitioner accepts the summons.

(2.) Learned counsel for the petitioner submits that the eviction petition was filed by the Respondent under Section 14(1) (a), (e) and (f) of the DRC Act as an ordinary petition and not as a petition under the summary procedure as prescribed under Section 25-B of the Rent Act. He submits that by the impugned order dated 30.10.2019 on an oral statement made by learned counsel for the respondent that his petition be treated as petition under Section 14(1) (e) of the DRC Act eviction petition was allowed to be amended without any written application.

(3.) Learned counsel further submits that even if the petition were to be treated as petition under Section 14(1) (e), the same is still not a petition under Section 25-B of the DRC Act as there is no such amendment sought or allowed by the Court.