DELHI AUTOMOBILES AND LTD Vs. KISHAN GOPAL AHUJA

JUDGEMENT

(1.) BY way of this application, the appellant/defendant seeks an amendment in the written statement which had been filed by him in the present suit proceedings in the trial court. The present suit was a suit for possession, mesne profits and damages. It had been filed on 01.06.2001. Written statement had been filed on 09.06.2001. Suit was decreed in favour of the plaintiff on 23.04.2005. Regular First Appeal (RFA) filed against the said proceedings had been dismissed on 13.03.2008. Present Regular Second Appeal (RSA) was filed on 25.04.2008. Present application seeking amendment of the written statement had been filed on 10.01.2011 i.e. after a lapse of more than one decade. These facts are admitted and not in dispute.

(2.) THE amendments sought for in the present application are contained in paras 4, 5 and 6. THEy read as under:-

(3.) THE original written statement filed 10 years ago has been perused. In this written statement, a specific contention has been raised that on 01.07.1984, the owners of the premises had added a mezzanine floor and it had been agreed that separate rent would be paid for the ground floor and separate rent would be paid for the mezzanine floor; there was a clear and categorical averment that there are two separate tenancies qua the ground floor and the mezzanine floor; the rate of rent was Rs.1,856/- per month for the ground floor and Rs.2,300/- was being paid per month for the mezzanine floor. In para 3 of the original written statement, there was a specific denial about the receipt of the notice dated 09.05.2001; it had been denied that any such notice has been received.