KULWANT RAI Vs. RAJESH KUMAR

JUDGEMENT

(1.) This revision petition is directed against the order of the Appellate Authority, dated May 30, 1977, whereby it allowed an amendment to the original application for ejectment so as bring it in accord with the provisions of section 13(3)(a)(i) of the East Punjab Rent Restriction Act, 1949 (hereinafter referred to as the Act).

(2.) The learned counsel for the petitioner, basing himself on the following observations in the Full Bench decision of this Court in Banke Ram v. Shrimati Sarasti Devi, 1977 1 RCJ 332 has contended that since the respondent-landlord had availed of an opportunity of amendment to the original application from the Rent Controller, the Appellate Authority ought not to have conceded his request for amendment second time, as he had disentitled himself on account of his negligence in not incorporating in the first amendment application the assertions which he now sought to incorporate with the help of second amendment application moved before the Appellate Authority : -

(3.) Mr. Majithia, learned counsel for the tenant-respondent, has, on the other hand, contended that the second amendment of the application under section 13 of the Act became necessary as a result of the Single Bench decision of this Court in Jagjit Lal alias Jagjit Raj v. Shri Gurinder Singh Arora and another,1977 1 RCJ 712 wherein Narula, C. J., while considering the requirements of section 13(3)(a)(1) and (b) of the Act, observed that a mere assertion by the landlord that he had no house in his own name instead of pleading that he was not occupying any house, could not satisfy the essential requirements of the aforesaid provisions.