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2012 Supreme(All) 2000

SUDHIR AGARWAL
Pramod Kumar Gupta & Others – Appellant
Versus
Suresh Chand Gupta – Respondent


Advocates:
J.S. Pandey, Advocate, for the petitioner
Asim Kumar Singh, Advocate, for the respondents.

Hon'ble Sudhir Agarwal, J.

1. This Writ petition is directed against the order dated 15.2.2012 passed by Prescribed Authority rejecting petitioners' amendment application observing that the facts petitioner-tenants wanted to add in the written statement can always be supported by evidence and does not require any amendment. It appears that two applications were filed by Landlord i.e. husband and wife separately in respect to shop in question which is owned by both, for release of shop, for the benefit of their son who intend to commence business therein. It is contended by petitioner that during pendency of these matters, the landlady's another application already pending, was allowed and another shop was released in her favour. In that case the shop released can be used for the benefit of son and it is this fact the petitioner wanted to add in written statement.

2. If a subsequent event is covered by judgment of the Court which is said to have been passed in another matter but relates to one of the party in the case and is relevant, it is always permissible to tenant to place that judgment before the Trial Court in evidence to show that genuine need of landlady do not survive any mo





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