SANJAY KISHAN KAUL
HARI CHAND – Appellant
Versus
DILIP KUMAR – Respondent
( 2 ) IN all these matters the identical question arises for consideration.
( 3 ) IT may be noticed that the landlord/respondent are subsequent purchasers of the suit property. The petitioners issued a notice alleging to be the tenants of the suit property in the individual capacity. However, when the petition was filed, it was claimed that the petitioner entity was a sole proprietorship and sole proprietorship was impleaded as petitioner No. 1. Subsequently by amendment a case is sought to be set up that petitioner No. 1 entity is a partnership firm.
( 4 ) IN my considered view, the Trial Court has rightly rejected the amendment applications. The petitioners having claimed that the entity is a sole proprietorship cannot be permitted to change that plea. The rent receipts are issued in the name of the petitioner entity. The petitioners not only issued notice and filed a pet
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