DARSHAN KUMAR CHAWLA Vs. SHEELA DEVI

JUDGEMENT

(1.) The landlord had filed an application for amendment of the ejectment application to plead that he had vacated a premises with sufficient cause and gave the details of sufficient cause. That application was allowed by the Rent Controller by 'order dated 24th August, 1981. On 29th August, 1981 the tenant filed written statement to the amended ejectment application and on 2nd September, 1981, the landlord filed a replication. On that date the landlord filed an application detailing therein the witnesses which he wanted to examine in support of the amended plea. Arguments were heard on that application 12th September, 1981 and that application was dismissed by order dated 14th September, 1981 on the sole ground that prayer was made for summoning the witness but no prayer was made for producing additional evidence. The Court also came to the conclusion that the evidence which the landlord wanted to produce in support of the amended plea was available to him earlier and that he had also led some evidence on the plea which was later on added by amendment. This is landlord's revision against the aforesaid order.

(2.) After hearing counsel for the parties I am of the view that the rent Controller fell in serious error in declining the application. Once amendment was allowed, to add new pleas it was incumbent on the Rent Controller to give an opportunity to lead evidence in support of those pleas and also to give a right of rebuttal to the tenant. It was not a case of asking for permission to lead additional evidence. Even if some evidence was led by the landlord before he sought permission to amend his ejectment application that would not debar him to seek opportunity to lead evidence as of right after he was allowed amendment of the ejectment application. Accordingly, the order passed by the Rent Controller deserves to be set aside.

(3.) For the reasons recorded above this revision is allowed, the order of the court below dated 14th September, 1981, is set aside and a direction is given to it to allow the landlord to produce evidence in support of th pleas which were allowed to be amended. After the landlord concludes his evidence, the court below shall grant an opportunity to the tenant to rebut the same.