DES RAJ PATWARI Vs. FAQIR CHAND

JUDGEMENT

(1.) This revision petition has been filed by Des Raj tenant against the order of the Appellate Authority, Ferozepore, dated August 8, 1979 allowing the landlords to withdraw the ejectment application with permission to file a resh petition.

(2.) Briefly the acts are that the landlords filed an application for ejectment of the tenant inter alia on the ground that they require the premises for the use and occupation of Faqir Chand landlord. The application was contested. The Rent Controller dismissed it. The landlords went up in appeal before the appellate Authority. During the pendency of the appeal the landlords filed an Application for amendment of the application for ejectment and in the alternative for withdrawing the same with permission to file afresh application. The learned Appellate Authority did not give any finding regarding amendment. She however allowed the petitioners to withdraw the application for ejectment with permission to file a resh application. The tenant has come up in revision against that order.

(3.) The only contention of the learned counsel for the petitioner is that Order 23, Rule 1 of the Code of Civil Procedure is not applicable to the rent applications and consequently the Appellate Authority could not allow the landlords to withdraw the application for ejectment with permission to file a resh application.