ATTAR CHAND Vs. HARI DUTTA

JUDGEMENT

(1.) This is tenant's revision against the order of the Rent Controller, Karnal, dated 8th September, 1977, allowing the application for amendment filed by the landlord on payment of Rs. 50.

(2.) The landlord filed an application for amendment of his petition for ejectment to add some better particulars and that application of his was dismissed by the Rent Controller by order dated 5th of October, 1976. Against that order, the landlord filed a revision before the learned Financial Commissioner, Haryana, to whom the revision lay at that time according to the law prevailing then, who allowed the same vide order dated 18th May, 1977, on the ground that the order of the Rent Controller dismissing the application for amendment was not a speaking one and remanded the case for redecision of the application an merits after hearing both the parties. After remand, the Rent Controller, vide the impugned order, allowed the application for amendment of the ejectment petition.

(3.) Before me, Shri P.C. Mehta, the learned counsel for the tenant - petitioner has raised three points, namely, (i) that there has been undue delay in filing the application and that it was based on mala fides of the landlord; (ii) that the landlord wants to fill in the lacuna in his evidence by the proposed amendment and (iii) that the order of remand passed by the learned Financial Commissioner has been violated by the Rent Controller as the Rent Controller could only give reasons for dismissing the application for amendment of the ejectment petition but could not allow the application after remand as he was only to write a speaking order.