G JAYAPANDIAN Vs. P C MANICKAM

JUDGEMENT

(1.) THE tenant in R. C. O. P. No. 4 of 1981, on the file of the rent Controller, Tindivanam, is the revision petitioner herein. THE revision is filed under Art. 227 of the Constitution of India.

(2.) EVICTION was sought by the landlord, first respondent herein, on the ground that he requires the building for his own occupation. The tenant denied title of the landlord and claimed that he is entitled to the benefits of City Tenants Protection Act. He wanted that the matter should be heard at the preliminary stage itself. The Rent Controller found the point in his favour. But in the subsequent stages, namely, appeal and revision, and ultimately, in the Supreme Court it was held that the relationship between the revision petitioner herein and the first respondent is that of tenant and landlord, coming with the provisions of Rent Control Act.

(3.) THE only point urged by learned counsel for the revision petitioner was that being a functionary under a Statute, Rent controller has no power to allow the amendment application, and O. 6, Rule 17, c. P. C. has no application, and that by allowing the amendment, the Rent controller has acted beyond the jurisdiction vested in him.