VIKRAM PERSHAD Vs. SAT NARAIN DALMIA

JUDGEMENT

(1.) This is an application seeking amendment of the written statement. It is alleged that at the time of hearing of IA 504/92 (an application under Order 12 Rule 6 of the Code of Civil Procedure) an argument was addressed on behalf of the defendant that he has been under a bonafide impression that the entire terrace above BATA SHOE was bearing municipal No-1500, therefore, the same number was mentioned in the rent agreement and also in the written statement. Court thereafter directed the defendant to submit a certificate from the Municipal Corporation of Delhi to the effect that the entire terrace was given a number 1500, but the defendant has not been made available the certificate so far. Defendant made enquiries otherwise from the House Tax Department of M.C.D. and now has realised that the entire ground floor in possessee of BATA SHOE Company bore Nos. 1500 to 1502 and there is no separate number for the roof/ terrace above the shop and it has also come to his notice that the entire building in possession of BATA SHOE Company and terrace above has been given Nos. 1500 to 1502. It is also stated in the applicaition that at the time when the premises were let out, the landlord did not know as to what was the municipal number of the terrace above BATA SHOE Company, therefore, in the said rent note, number 1500 was given to the premises in question though the defendant has been in occupation of the entire terrace bearing No. 1500-1502 above BATA SHOE Company and in this background amendment to the written statement is sought.

(2.) The application is vehemently opposed by the learned Counsel for the plaintiff that allowing the amendment will amount to allowing the plea of admission to be converted into a plea of denial for which reference is made to para 6 of the plaint and the stand taken by the defendant in para 6 of the written statement. It is contended that the stand taken by the defendant in para 6 of the written statement amounts to the defendant admitting that he was inducted as a tenant with respect to premises No. 1500 only.

(3.) I have heard the learned Counsel for the parties and have been taken through the original pleadings as well as the amendment which is sought ot be incorporated.