MULKH RAJ Vs. SURAT SINGH

JUDGEMENT

(1.) This is a petition under section 1 15 of the Code of Civil Procedure challenging the order of the trial Court made on August 29, 1972 rejecting the petitioner's application under Older 6 Rule 17 of the Code of Civil Procedure for leave to ' amend the written statement so as to incorporate in it the plea that the respondent by misrepresentation got the lease deed executed : that the respondent was not the owner of the land in dispute even prior to the execution of the lease deed and that the land has always been Government properly and respondent was not entitled to realise any rent or to recover possession from the petitioner.

(2.) The suit out of which the present petition has arisen was filed by the respondent against the petition for ejectment of the petitioner from a piece of land and for the recovery of arrears of rent in respect of the said property. The suit was based on a lease granted by the respondent in favour of the petitioner for a period i f9 years 4 months.

(3.) The suit was contested by the petitioner, inter alia, on the ground that the respondent had no locus standi to file it as the property in question had been acquired by the Central Government that lease was void. having been procured by concealment of true fads and playing fraud upon the petitioner and that the acquisition proceedings in respect of the property in dispute were in progress even prior to the lease of the same to the petitioner. The petitioner, however, did not give any particulars in the written statement as to the facts which were concealed from the petitioner and as to the manner in which fraud was played in relation to the leaving of the property to the petitioner by the respondent. The written statement also did not contain any allegation that even prior to the date of the lease, the respondent had no title to the property in dispute and that the property in dispute became Government property as early as the year 1920.