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2017 Supreme(All) 963

SURYA PRAKASH KESARWANI
ANIL KUMAR – Appellant
Versus
RADHEY SHYAM BHATIYA – Respondent


Advocates:
Counsel :
Pradeep Kumar Rai for the Petitioner.

JUDGMENT

Hon’ble Surya Prakash Kesarwani, J.—Heard learned counsel for the petitioner-defendant/tenant.

2. This writ petition has been filed praying to quash the order dated 25.5.2017 in S.C.C. Case No. 29 of 2015 (Radhey Shyam Bhatiya and others v. Anil Kumar) passed by the Additional District Judge, Court No. 1, Muzaffarnagar, whereby, the application under Order VII Rule 11(d) C.P.C. being paper No. 15-C filed by the petitioner-defendant was rejected and the amendment application under Order VI Rule 17 C.P.C. being paper No. 18-C was allowed.

Facts :

3. Briefly stated facts of the present case are that the plaintiffs-respondents are family members who are owners and landlords of shop Nos. 124/1 and 124/2, Bhopa Road, Muzaffarnagar of which the defendant-petitioner is the tenant. The plaintiff-respondent No. 3 is the son of the plaintiff-respondent No. 1. The tenancy was created by a registered lease deed for 11 months which fact has been admitted by the defendant-petitioner in para 3 of his written statement. The term of lease as per the lease deed was to expire on 30.6.2015. On account of alleged non payment of rent since August 2014, the plaintiffs-respondents by notice, termin

























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