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1991 Supreme(All) 235

H.C.MITTAL
Ram Pal Singh – Appellant
Versus
Zafar Ahmad – Respondent


Advocates:
Advocate appeared:
Ravi Kant

JUDGMENT

H. C. Mital, J.

1. This revision has been preferred against the order dated 6-2-90 passed by Sri A. L. Verma, Additional District Judge, Roorkee, recjecting the applicant's application for amendment of the written statement in S.C.C. suit no. 54 of 1988 for possession and recovery of arrears of rent. Through the amendment application the defendant-applicant sought to take the plea that the. accommodation in question belonged to the father of the plaintiff and after his death it had devolved on his legal heirs and that the plaintiff alone was not landlord nor entitled to a decree for eviction against the defendant.

2. In the impugned order the learned court below has specifically stated that the suit was filed by the plaintiff as there has been default in payment of rent with specific allegation that the plaintiff was landlord and defendant was his tenant. In his written statement the defendant-applicant has admitted that grand-father of the plaintiff was the owner from whom he had taken it on rent and after his death the father of the plaintiff became the owner who continued to realise rent and he further specifically admitted that in the month of December, 1985 plaintiff's








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