ROSHANLAL SOOD Vs. DEV RAJ SAWHNEY

JUDGEMENT

(1.) This revision under Section 115 of the Code of Civil Procedure is directed against the judgment and order dated 18th July, 1984 dismissing the petitioner's application for leave to amend the written statement.

(2.) These are the facts. The plaintiffs-respondents on 26th May, 1982 filed a suit for recovery of Rs. 1560.58 paise as arrears of rent for the period from 12th May, 1980 to 30th April, 1982 at Rs. 66.00 per month against the petitioner-defendant. They have alleged that the petitioner was a tenant under Narinder Kumar and Satinder Kumar with respect to a flat on the ground floor of the building bearing Nos. 1819-25 ward No. XV Wazir Singh Street, Paharganj, New Delhi, that they had purchased the property including the flat under the tenancy of the petitioner by means of a sale deed dated 5th May, 1980 registered on 12th May, 1980 and by operation of law the petitioner became their tenant at Rs, 66.00 per month

(3.) The petitioner in his written statement has alleged that he was not a tenant under the respondeins, that Narinder Kumar and Satinder Kumar, the alleged vendors of the respondents had entered into an agreement to sell with him on 6th September, 1977 with respect to property including the flat under his tenancy, that lie had filed a suit for specific performance of the said agreement to sell, injunction and declaration that the sale deed dated 5th/12th May, 1980 by Narinder Kumar and Satinder Kumar in favour of the respondents was null and void; the suit was liable to be stayed under Section 10 of the Code of Civil Procedure and there was no relationship, of landlord and tenant between the parties. The issues were framed by the trial. court on 1st August, 1983.