TARA DEVI Vs. PRAHLAD RAI

JUDGEMENT

(1.) THIS petition under Section 115 Code of Civil Procedure, 1908 (CPC) impugns the order of the trial court dated 11.9.2013 by which the trial court has disallowed the application for amendment filed by the petitioner/defendant/counter -claimant to the written statement/counter -claim. By the amendment application, the petitioner/defendant/counter -claimant sought to claim the relief of possession of the six wooden boxes/pattas, as shown in red colour of the site plan in the shop no.5329, Gali Petiwali, Ghas Mandi, Gandhi Market, Sadar Bazar, Delhi.

(2.) CERTAIN facts are required to be stated and understood before dealing with this petition, and which are stated hereinafter, but at the outset, at the request of the counsel for the petitioner, this petition under Section 115 CPC is converted into a petition under Article 227 of the Constitution of India, and which I am entitled to do so because heading of the petition is immaterial and substance has to be seen vide judgment of the Supreme Court in the case of Municipal Corporation of Delhi Vs. R.P.Khaitan & Anr. : 79 (1999) DLT 555 (SC).

(3.) THE case of the petitioner/counter -claimant/now plaintiff is that the respondent herein was not a tenant, but he was given the six wooden boxes on leave and licence basis, and which boxes are placed inside the shop. It is the business of the counter -claimant and before her of her deceased husband to give out wooden boxes for storage to various traders who come to the city of New Delhi on daily basis. These traders use the boxes to keep their purchases and when they go away from the city of New Delhi, they vacate the wooden boxes after paying the daily charges/bhadas. In sum and substance these boxes are like 'vaults' for storage of items purchased by traders on payment of charges for use of the boxes.