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2019 Supreme(All) 366

MANOJ KUMAR GUPTA
Dinesh Chandra Gupta – Appellant
Versus
Rajendra Kumar Khanna – Respondent


Advocates Appeared:
Rama Goel Bansal, Adv., Pradeep Saxena, Adv.

JUDGMENT :

MANOJ KUMAR GUPTA, J.

1. Counter affidavit filed today is taken on record.

2. Heard counsel for the parties.

3. The instant revision is directed against the order dated 3.1.2019 passed by Judge Small Causes Court in SCC Suit No. 51 of 2015, whereby the application 42-Ga filed by the defendant-revisionist seeking amendment in the written statement has been rejected.

4. By the amendment sought, the defendant-revisionist tried to bring on record the fact that Sanjeev Kumar Khanna and Rajeev Kumar Khanna, sons of the plaintiff are the owners and landlord of the disputed premises and not the plaintiff. It is alleged that the sons of the plaintiff purchased an open piece of land by registered sale deed dated 10.1.1975. Thereafter they constructed shops over the same including two shops in possession of the defendant-revisionist. They also let out the shop to various tenants including the defendant-revisionist. The plaintiff collected rent from the defendant-revisionist on behalf of his sons. There exist no relationship of landlord and tenant between the plaintiff and the defendant-revisionist. The plaintiff had no locus to institute the suit.

5. The amendment has been rejected by

















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