(1.) THIS petition is directed against the order of the Rent Controller dated 13.9.1987, whereby the application for amendment of the ejectment application was declined.
(2.) THE petitioner-landlord filed an ejectment application under section 13(A) of the East Punjab Urban Rent Restriction Act, 1949 (for short the 'Act') being a specific landlord. The application was filed on 28.4.1986. During the pendency of this petition, on account of the family settlement, the premises in dispute fell to the share of the landlord. In view of that family settlement, the landlord sought amendment of his ejectment application.
(3.) THE learned counsel for the petitioner-landlord submitted that the view taken by the Rent Controller was wrong and illegal. Even if he was a co-owner earlier of the building then he was entitled to claim ejectment as specified landlord. In support of this contention he referred to Jagdish Singh Diary Wala v. Capt Ranbir singh Jolly and others, (1978-2) P.L.R. 483 : 1987(2) RCR 470. It was further submitted that since there was already a family settlement and the portion of the demised premises has fallen to his share he wanted to make the necessary amendment.