PUSHPA GUGLANI Vs. MODIPON LTD

JUDGEMENT

(1.) BY the impugned application plaintiff wants to amend their plaint. Plaintiffs Mrs. Pushpa Guglani and others have filed suit for possession and mesne profits against the defendant M/s. Modipon Limited regarding property bearing No. 13-A, Amrits Shergill Marg, New Delhi Rs. 5000/- per day have been claimed on account of mesne profits and/or damages for wrongful use and occupation of the said property from Ist April, 1989 to 30th April, 1989 amounting to Rs. 1,50,000/-. According to the plaintiff the necessity to amend the plaint has arisen because of the defendant's taking such grounds in the written statement.

(2.) IN order to appreciate the case of the plaintiff, the brief facts are that property bearing No. 13A, Admrita Shergil Marg, New Delhi having an area of 2900 sq. yds was let out to defendant w.e.f. Ist March, 1977 on a defendant for use of 600 sq. yards of vacant land comprising in property No. 13, Amrita Shergil Marg, New Delhi at a licence fee of Rs 1 (one) per month. The terms of the licence were that the defendant would not raise any construction on that piece of land. In November, 1983 plaintiff filed eviction petition against the defendant under Section 14(1)(e) of the Delhi Rent Control Act. In that petition the defendant took-up the plea that the area of 600 sq.yards also forms part of the tenanted premises. That eviction petition was withdrawn. However after withdrawal of the petition the defendant raised illegal construction on the licenced portion of the property. Plaintiff revoked the licence of the defendant with regard 600 sq. yards of land and filed the present suit.

(3.) SIMILARLY , he wants to change the wording para 6 line 7 after the words 'Suit for possession' the words 'by eviction' be added and in para 8 of the plaint he wants to delete and substitute the following :