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1985 Supreme(Del) 193

SULTAN SINGH
HARI KISHAN – Appellant
Versus
PREM NARAIN – Respondent


Advocates Appeared:
ARUN SHARMA, Rajinder Mathur, S.K.Paul, V.B.ANDLEY

Sultan Singh, J.

( 1 ) THIS revision petition under section 115 of the Code of Civil Procedure (for short the Code ) is directed aginst the judgment and order dated 20th July, 1984 of the Subordinate Judge, Delhi dismissing the petitioner s application for leave to amend the written statement.

( 2 ) BRIEFLY these are the facts. The plaintiff-respondent on 12th October, 1981 filed a suit for possession and recovery of damages against the petitioner. The plaintiff in the plaint has alleged that he is the owner of property No. 3089, Mohalla Dassan, Hauz Qazi, Delhi, that Har Devi, widow of Shri Ram Lal had been a tenant in respect of the portion shown red in the plan on a monthly rent of Rs. 5. 56 for residential purposes, that she died in 1978, that the tenancy of Smt. Har Devi was terminated during her life time, that she left behind only one son i. e. the defendant as her legal heir and that he has no right to inherit the tenancy.

( 3 ) THE petitioner-defendant in his written statement had admitted that the plaintiff is the owner of the house, that Smt. Har Devi widow of Ram Lal was a tenant in respect of the premises at a monthly rent of Rs. 5. 56 for residential purposes, that s













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