UTTAM CHAND Vs. ATMA RAM

JUDGEMENT

(1.) The present revision petition is directed against an order dated April 8, 1980 of Shri V. K. Malhotra, Sub-Judge I Class, Delhi rejecting an application for amendment of plaint filed by the present petitioners under Order 6, Rule 17 of the Code of Civil Procedure (hereinafter referred to as the Code).

(2.) One Smt. Gulab Devi was owner of property No. 1055 situated in Gali Heera Nand Maliwara, Delhi. The present petitioners purchased the said property from Gulab Devi on February 2, 1971. Chhote Lal, father of respondents 1, 2 and 4 and husband of respondent No. 3 was a tenant in a portion of the aforesaid property. The petitioners sent a notice dated 18th September 1973 to Chhote Lal terminating tenancy of the latter.

(3.) On 14th July, 1975 Chhote Lal died and was substituted by the present respondents in the aforesaid suit. On 31st August, 1977' that suit was decreed by a Sub Judge. Respondents went in appeal which was decided on 24 November, 1978 by an Additional District Judge, Delhi who held that Barsati and the terrace in front of the same was comprised in the tenancy of Chhote Lal, that therefore, suit for recovery of possession on account of trespass regarding the same was not maintainable, but that there was trespass in respect of the Kothri on the ground floor. Accordingly the learned Additional District Judge maintained decree of recovery of possession of Kothri and dismissed the remaining suit.