- (1.) Bakhshi Ram has filed this revision petition against the order of the Rent Controller, Bhiwani, dated 15th of October, 1975 ordering his ejectment from the house in dispute, and order of the Appellate Authority, Bhiwani, dated 25th of March, 1977 by which his appeal against the order of the Rent Controller has been rejected. It is not necessary to state the acts as the only contention raised before me by Mr. Sarin, learned counsel for the petitioner is that all the three ingredients of section (3) 1(a)(i) of the Haryana Urban (Control of Rent and Eviction) Act, 1973 have not been pleaded in the petition, and that the ejectment application in the present form is not maintainable. In support of his contention, learned counsel has relied on the judgment of the Supreme Court in Onkar Nath v. Ved Vias, 1980 1 RCJ 235, ; and two judgments of this Court in Lalji Dass v. Walaiti Ram,1980 RCJ 114. and Hari Kishan v. Shankar Dass, 1980 1 RCJ 118. After hearing the learned counsel for the parties, I find considerable force in this contention of the learned counsel. There is no gainsaying that all the three ingredients have not been pleaded in the application. In this situation, in view of the judgments referred to above, the proper course would be to send back the case to the Rent Controller with a direction that he would give an opportunity to the landlord respondent to suitably amend the petition so as to bring it in conformity with the judgments referred to above, and thereafter proceed to decide the petition afresh on merits in accordance with law.
(2.) The case was tried by the S. D. M., Bhiwani, as under the Act, the said officer had the authority to hear the petition. Subsequently, vide notification No. S.O.70/H A.-11/73/S 2/78, dated 8th of May, :1978, published in Haryana Gazette (Extraordinary) dated 8th of May, 1978, this power has been given back to the subordinate judicial officers. The case would now go back to the Senior Subordinate Judge, Bhiwani, before whom the parties through their counsel, have been directed to appear on 19th of May, 1980. The learned Senior Subordinate Judge would assign the case to the Subordinate Judge exercising powers of the Rent Controller who would dispose of the same in accordance with law.
(3.) In the circumstances of the case, I make no order as to costs. Revision petition allowed.;