RATTAN SINGH Vs. S. JAGJIT SINGH MAN

JUDGEMENT

(1.) Rattan Singh has filed this petition against the order of the learned Rent Controller dated January 11, 1977 by which the application filed by the respondent for the amendment of the ejectment application was allowed.

(2.) The respondent filed an ejectment application against the petitioner, mainly on the grounds of personal necessity, nuisance and misuser of the demised premises. On the question of misuser, the plea taken in the earlier ejectment petition reads as under :-

(3.) The application was contested by the petitioner. On September 18, 1975, when the issues were framed by the learned Rent Controller, a prayer on behalf of the landlord was made for the framing of an issue regarding change of user on the basis of the above mentioned plea, but the same was refused since there was no specific allegation in that behalf. The landlord thereafter led evidence in support of his pleas; while the tenant also led evidence in rebuttal. On the date when the ejectment application was fixed for the hearing of the arguments, an application was filed for permission to amend the plea taken in paragraph No. 5 of the petition. The amendment sought to be introduced in paragraph No. 5 reads as under :-