AMARESH GANGULI Vs. ARUN GANGULI

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India is directed against the order dated 20.9.2004 passed by the Civil Judge, Delhi dismissing an application under Order VII Rule 14 (3) of Code of Civil Procedure for filing additional documents on record.

(2.) I have heard Mr. Sunil Malhotra, learned Counsel for the petitioner and M r. J.G. Bhardwaj, learned Counsel for respondent and have gone through the impugned order as also copies of the documents placed on the file.

(3.) Briefly the facts are that the respondent herein (plaintiff in the trial Court, hereinafter referred to as 'plaintiff') filed a suit for mandatory injunction against the petitioner herein (defendant in the trial Court, hereinafter referred to as 'defendant'). The case of the plaintiff is that he was allotted plot No. A-16, Chitranjan Park, New Delhi on lease hold basis by the Ministry of Rehabilitation and thereafter he raised construction and allowed the defendant (his brother) to occupy the first floor accommodation as it was lying vacant, as a licensee in November, 1984. The defendant refused to vacate the suit property and thereupon the plaintiff revoked his license orally and asked for return of his possession by 31.8.1988.