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2011 Supreme(All) 924

ANIL KUMAR
SURJEET SINGH – Appellant
Versus
ADDITIONAL DISTRICT JUDGE SITAPUR – Respondent


Advocates:
Counsel :
Shiv Nath Tilhari for the Petitioner; C.S.C., Ratan Kant Sharma for the Respondents.

JUDGMENT

Hon’ble Anil Kumar, J.—Heard Sri Shiv Nath Tilhari, learned counsel for the petitioners and Sri Ratan Kant Sharma, learned counsel for contesting respondent.

2. By means of present writ petition, petitioner challenged the order dated 7.12.2009 passed by Additional District Judge, Court No. 5 Sitapur in Revision No. 2 of 2007 (Surjeet Singh and others v. Nand Kishore and others) thereby rejecting the application for amendment in written statement.

3. Undisputed fact of the present case are that the landlord/opposite party No. 2 to 8 filed a suit for arrears of rent and ejectment in the Court of Judge Small Causes Sitapur, registered as SCC Suit No. 17 of 1992 (Sri Roop Kishore Mehrotra and others v. Amreek Singh and others), on the ground that defendants/ petitioners have defaulted in payment of rent and for illegal sub-letting the property in dispute.

4. Judge, Small Causes Sitapur vide order dated 26.3.2007 allowed and decreed the suit.

5. Aggrieved by the same, the petitioners filed SCC Revision No. 2 of 2007. On 3.9.2009 arguments heard thereafter on 25.9.2009 plaintiffs/ respondent Nos. 4 to 8 sold a portion of the property in dispute so due to said development, on 6.10

































































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