JUDGMENT Arun Kumar, J.
1. This petition is directed against an order of Addl. Rent Controller dated 5th February, 1993 rejecting the application of the landlord for amendment of the written statement. The eviction petition had been filed by the landlord under Clause (a) of proviso Sub-section (1) of Section 14 of the Delhi Rent Control Act (hereinafter referred to as the 'Act') on the ground of non-payment of rent. The application for amendment of the petition was filed so as to take an additional ground of eviction under Clause (b) to the same proviso, i.e. Sub-letting.
2. By the impugned order the Addl. Rent Controller has held that this is a fresh cause of action available to the petitioner landlord for which he may file a fresh petition and it is not necessary to incorporate the same in the present eviction petition. The learned Counsel for the petitioner has relied upon a Full Bench decision of this Court in Abnash Kaur v. Dr. Avinash Nayyor & Ors., . In the said decision it was held by this Court that there is no inflexible rule that a cause of action arising subsequent to the filing of the petition for eviction cannot be added in the petition by way of amendment.
3. In view of the said Full Bench judgment I am of the view that the amendment ought to have been allowed. It would have been also proper to allow the amendment in order to avoid multiplicity of proceedings. It is settled law that a landlord can institute an eviction petition by urging more than one grounds for eviction.
4. Learned Counsel for the respondent has submitted that the present petition has been filed under Art. 227 of the Constitution of India and this Court should not exercise its jurisdiction under the said provision in the facts of the present case. According to the learned Counsel for the respondent there is no jurisdictional error or such infirmity in the impugned order which may bring the case within the ambit of Art. 227 of the Constitution of India. In this behalf he has relied on B.R. Oswal v. Laxmibai R. Tarta, . To meet this argument it is enough to say for purposes of the present case that the Full Bench decision of this Court referred to hereinbefore itself was a decision in a petition under Art. 227 of the Constitution of India.
Under these circumstances this petition is allowed. The impugned order dated 5th February, 1993 is set aside. The application for amendment of the eviction petition filed by the landlord is allowed. The amended petition already, filed by the petitioner landlord be taken on record. Parties to appear before the Addl. Rent Controller on the date already fixed. No order as to costs.