- (1.) Inder Ram filed an application against Smt. Jaswant Kaur for her ejectment from his residential house on the ground that he required the same for his personal necessity. The Rent Controller as well as the Appellate Authority accepted the plea of the landlord and passed ejectment order of the tenant. By the time the revision came to be filed in this court, certain decisions came that if all the ingredients as provided under Section 13(3)(a)(i) of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter called 'the Act) are not pleaded and proved, no order of ejectment can be passed. In view of one of those decisions, this revision was admitted. Ultimately, a full Bench of this Court ruled that it is necessary to plead all ingredients. In view of the Full Bench judgment, the respondent-landlord filed Civil Miscellaneous Application No. 3510-CII-78 under Order 6 Rule 17, Code of Civil Procedure, praying for amendment of his eviction application to plead all the ingredients as required by Section 13(3)(a)(i) of the Act. That application was ordered to be heard along with the main revision petition.
(2.) After hearing the counsel for the parties, I am of the view that the application for amendment of the ejectment petition deserves to be allowed to plead all the ingredients as required by Section 13(3)(a)(i) of the Act and I allow that application and grant the necessary permission.
(3.) As the matter has been hanging fire since 1970, if complete remand is made to the Rent Controller, there will be another set of appeal and revision. The interest of justice demands that reports be called for from the Courts below in this behalf. Accordingly, the case is remitted to the Rent Controller before whom the amended ejectment application will be filed by the landlord on 3rd October, 1980, and a short date would be given to the tenant to file a written statement. The landlord is allowed to plead the necessary facts in accordance with Section 13(3)(a)(i) clauses (a) to (c) of the Act and the tenant would also give reply in that behalf only and no other new point would be allowed to be pleaded which may go beyond the scope of clauses (a) to (v) aforesaid. On the disputed points issues would be framed and the parties would be allowed to lead evidence thereon and thereafter the Rent Controller shall hear the arguments and prepare his report. This shall be done by the Rent Controller within four months form the date of appearance of the parties before him. The Rent Controller shall send his report along with the entire record to the Appellate Authority, Hoshiarpur, and would give a date for appearance of the parties before the Appellate Authority to avoid delay by issuing notices by the Appellate Authority. The Appellate Authority shall give a date for arguments and after hearing the arguments, shall prepare a report and he shall submit the same alongwith the entire records to this Court within six weeks from the date of appearance of the parties before him. Civil Revision be listed soon after the receipt of the reports of the Courts below. The parties through their counsel have been directed to appear before the Rent Controller, Hoshiarpur, on 3rd October, 1980. Order accordingly.;