GULSHAN Vs. HARBANS KAUR AND ANOTHER

JUDGEMENT

(1.) This petition under Section 15(5) of the East Punjab Urban Rent Restriction Act (hereinafter called the Act) is directed against the order dated July 26, 1975 of the Appellate Authority, Jullundur, confirming the order of ejectment passed by the Rent Controller, Jullundur, against the petitioner-tenant.

(2.) Prior to the decision of the Full Bench in Banke Ram v. Saraswati Devi,1969 RCR(Civ) 887 there was a conflict between several decisions of this Court as it whether it was necessary for the landlord to plead in the application that he was not occupying a residential building in the urban area concerned and that he had not vacated such a building without sufficient cause after the commencement of the said Act. This matter has now been settled by the Full Bench of this Court in Banke Ram's case wherein it has been held that it was mandatory for the landlord to comply with Clauses (b) and (c) of Section 13(3)(a)(i) and to plead that he was not in occupation of any other residential building and had not vacated such building without sufficient cause. In view of this decision, the respondent landlady moved an application - Civil Misc. No. 2568/C-II of 1977 under Order 6, Rule 17 of the Code of Civil Procedure, for permission to amend her petition so as to comply with the said clauses of Section 13 of the Act. The application has been opposed by the learned counsel for the petitioner but I do not find any reason not to allow the landlord an opportunity to amend the petition to comply with the requirements of Section 13 of the Act in view of the conflicting decisions of this Court on this matter. Consequently, this application for amendment is allowed, impugned orders of the Rent Controller and Appellate Authority are set aside and the case remanded to the Rent Controller for further proceedings in accordance with law after allowing the landlord an opportunity to amend the petition so as to comply with the provisions of Clauses (b) and (c) of Section 13(3)(a)(i) of the Act. The petition is allowed on payment of Rs. 100 as costs. The parties through their counsel have been directed to appear in the Trial Court on December 5, 1977.