J.V.GUPTA,J - (1.) THIS revision petition is directed against the order of the Appellate Authority whereby the amendment of the written statement has been allowed in appeal.
(2.) EVICTION order was passed against the tenant by the Rent Controller on September 24, 1986, on the ground that the premises had become unfit and unsafe for human habitation. Appeal was filed on November 13, 1986, whereas the application seeking amendment of the written statement was filed much later. The tenant wanted to take a preliminary objection in his written statement that the landlord had filed an ejectment application on similar grounds and that the same was got dismissed as withdrawn on September 7, 1983. No permissions to file a fresh petition was taken and as such, the instant petition was completely barred and was not maintainable. According to the tenant, the amendment was necessary for the complete and effective decision of the case. That application was resisted by the landlord on the ground that the amendment sought for was highly belated and that the application had been filed mala fide in order to delay and to prolong the case. Though the appeal was field on November 13, 1986, the application for amendment was filed on July 28, 1988. However, the learned Appellate Authority relying upon the judgment of this Court in Mehtab Singh v. Tilak Raj Arora, 1988 (1) Punjab Law Reporter 269 (1988 H.R.R. 99), allowed the amendment in the written statement at the appellate stage. At the time of the motion hearing it was submitted on behalf of the landlord-petitioner that in the earlier ejectment application, the ground that the premises had become unsafe and unfit for human habitation was not taken. No doubt, the said application was dismissed as withdrawn but the instant petition was not barred either under Order 21II rule 1 or Order 2 rule 2, Code of Civil Procedure, in view of the Full Bench judgment of this Court in Harnam Singh v. Surjit Singh AIR 1984 Punjab and Haryana 126 (1984 H.R.R. 182).
(3.) AFTER hearing the learned counsel for the parties, I find merit in the contention raised on behalf of the petitioner.;