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2011 Supreme(All) 1256

RAJES KUMAR
SANJEEV KUMAR – Appellant
Versus
VIRENDRA KUMAR MEHROTRA – Respondent


Advocates:
Counsel :
Swapnil Kumar for the Revisionist; H.M. Srivastava and Neeraj Srivastava for the Respondents.

JUDGMENT

Hon’ble Rajes Kumar, J.—In the present revision the revisionist is challenging the order of the Judge Small Cause Court dated 6.9.2007 by which he has allowed the amendment application filed by the plaintiff.

2. The revisionist is the defendant in S.C.C. Case N0. 9 of 2005. The plaintiff filed a suit on the ground that he is landlord of the shop in dispute and the provisions of Act No. 13 of 1972 are not applicable, which was let out to revisionist on a rent @ Rs.1,000/- per month through an agreement / rent deed on 18.11.1977. The revisionist-defendant did not pay the rent therefore a notice was sent. The suit was for eviction and recovery of arrears of rent. The revisionist-defendant filed the written statement and denied the allegations of plaint. The plaintiff-respondent moved an amendment application, which was marked as 56G for the amendment in the plaint. By way of amendment, the plaintiff sought the amendment as follows:

In paragraph-2 of third line, in place of “Ikrarnama / rent agreement”, the word Ikrarnama be deleted; in paragraph-3, in place of word “Ubhay Paksho”, “plaintiff and defendant No. 1” be substituted and after the word “defendant”, “defendant No. 1”


















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