- (1.) This is landlord's revision against the order of Appellate Authority, Ferozepur, dated 15th of June 1979, whereby the order of remand and amendment of the written statement allowed by him has been challenged.
(2.) The counsel for the tenant-respondent conceded that in view of Division Bench decisions of this Court, the Appellate Authority had no jurisdiction to remand the case to the Rent Controller after setting aside the order of Rent Controller for fresh decision. Accordingly, I set aside the order of the Appellate Authority remanding the case to the Rent Controller and direct that the Appellate Authority shall restore the appeal on his record at its original number.
(3.) The counsel for the landlord has urged that no ground for allowing amendment of the written statement was made out at the appellate stage. After hearing the counsel for the parties, I am of the opinion that it is fit case where amendment of the written statement should have been allowed to avoid any technical objection on the side of the landlord that the third ground of ejectment regarding change of user of the premises having not been controverted in the original written statement stands admitted in spite of the fact that additional issue No. 3-A was framed by the Rent Controller in this case.;