RAMAN MAL Vs. FAQUIR CHAND

JUDGEMENT

(1.) THIS revision petition has been filed by the landlord against the order of the Appellate Authority, Bhatinda dated 26th March, 1982.

(2.) BRIEFLY the facts are that the petitioner/landlord gave the building i dispute on lease to Faqir Chand Respondent No. 1 on an annual rent of Rs. 1650/-. He made an application for ejectment of respondent No. 1 on the ground that respondent No. 1 had not paid the arrears of rent since 18th December, 1976, that respondent No. 1 had sublet a part of the building to respondents Nos. 2 and 3, that respondents No. 1 had effected material alternations in the building which had materially impaired its value and utility and that he required the building bonafide for his own use and occupation. The application was contested by the respondents who controverted the allegations of the applicant.

(3.) IT is contended by the learned counsel that it is true that all the ingredients of section 13(3)(a)(i) had not been pleaded in the application for ejectment but it has been held by this Court that if it is not done the application should be allowed to be amended and the matter should be gone into by the Court. We have given due consideration to the argument and find substance in it. Mr. Mittal has prayed that the applicant be allowed to file the amended petition incorporating the ingredients mentioned in section 13(3)(a)(i) of the Act. We allow the prayer. The amended application may be filed before the Rent Controller within one week from the date of appearance there. The respondent shall be entitled to file the written statement to the amended application and the Rent Controller shall decide the matter afresh after allowing the parties an opportunity to lead evidence. It is further agreed between the counsel that the Rent Controller shall also decide the other issues afresh after allowing the parties to lead fresh evidence.