KUNDANLAL VERMA Vs. SUSHILA DEVI

JUDGEMENT

(1.) THIS is an petition for revision of an order dated the 9th of July, 1971 passed by shri Om Parkash Saini, Appellate Authority at Ludhiana under the East Punjab urban Rent Restriction Act, 1949, dismissing the appeal of the petitioner against the order of the Controller which directed the petitioner's ejectment from the premises in dispute on the ground that they constituted a residential building and were bona fide required by the landlady-respondent for her own use.

(2.) DURING the pendency of his appeal the petitioner made an application under rule 17 of Order 6 and Section 151 of the Code of Civil Procedure for permission to amend his written statement so as to plead that the building in dispute was a "scheduled building", ejectment of the petitioner from which could not be ordered on the ground that it was required by the landlady-respondent for her own use. That application was rejected by the learned Appellate Authority with the following observations:

(3.) MR. Bhagirath Dass has no other point to urge in support of the petition which is accordingly dismissed with costs subject to the direction, however that the order of ejectment passed by the Controller shall not be executable up to the 30th of november 1971, provided the following conditions are satisfied: (a) All arrears of rent due from the petitioner up to the 31st of August 1971, are deposited by him in the Court of the Controller on or before the 15th of September, 1971. (b) Rent for each of the months of September, October and November, 1971, is deposited by the petitioner in the Court of the Controller within 15 days of the expiry thereof. It is made clear that if either of the conditions is not fulfilled, the petitioner shall not be entitled to avail of the extension of time granted to him hereunder.