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2014 Supreme(All) 2976

RAM SURAT RAM (MAURYA)
Izhaar Ali – Appellant
Versus
Prescribed Authority/Judge Small Causes Court, Sitapur – Respondent


Advocates Appeared:
For the Petitioner:- Govind Saran Nigam,Abhisht Saran
For the Respondent:- Manish Kumar

JUDGMENT

Ram Surat Ram (Maurya),J.

Heard Sri Govind Saran Nigam for the petitioners.

2. This writ petition has been filed against the order of Judge, Small Cause Court dated 10.12.2013, rejecting the amendment application of the petitioners, for amending written statement.

3. Anuj Agrawal (respondent-2) filed an application (registered as RCPA No. 7/2012) under Section 21(1)(a) of U.P. Act No. 13 of 1972 for release of the shop in dispute, which is in possession of the petitioners as a tenant. The case was contested by the petitioners and they filed their written statement on 05.03.2013. After filing of the written statement, the petitioners filed an amendment application under Rule 34 of the Rules framed under U.P. Act No. 13 of 1972 on 12.11.2013 for amending the written statement. The proposed amendments are in effect for adding paragraph 14-A in the written statement, raising the plea that respondent-2 purchased the house in dispute through sale deed dated 07.01.2006 and filed a release application on its basis, without giving six months previous notice, as required under Section 21(1)(a) proviso of the Act as such release application was not maintainable. The aforesaid applicat














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