PARSVNATH DEVELOPERS LTD Vs. GHANSHYAM DAS AGRAWAL

JUDGEMENT

(1.) THE present application is filed on behalf of the defendants praying inter alia for amendment of the written statement by incorporating the paras as indicated in paras 7 and 8 of the application.

(2.) COUNSEL for the defendants submits that the present suit instituted by the plaintiff for specific performance of an agreement of lease and for declaration, pertains to flat bearing Flat No. 614, 6th Floor, Arunachal building, 19, Barakhamba Road, New Delhi, of which the defendants are the landlords. He submits that the suit is based on an unregistered lease deed dated 24. 4. 2003 and the plaintiff was a tenant on a month to month basis in the suit property. The defendants, vide legal notice dated 10. 1. 2008 terminated the tenancy of the plaintiff in respect of the suit property and instituted a suit in the District Court for possession, mesne profit, damages, etc. , i. e. , Civil Suit No. 54/2008 entitled Mr. Ghanshyam Das Agarwal and anr. v. M/s Parsvnath Developers Ltd. , which is pending disposal. He further submits that the aforesaid events are subsequent to the filing of the written statement in the present proceeding and are sought to be brought on the record by way of the proposed amendments.

(3.) IT is pertinent to note that the present suit was instituted by the plaintiff in March, 2007 and the same was registered on 4. 4. 2007, when summons were issued to the defendants. The defendants entered appearance on 16. 11. 2007 and sought time to file the written statement. The written statement came to be filed on 01. 01. 2008. The plaintiff was required to file a replication to the written statement within four weeks from the date of filing of the written statement, which was not done till May, 2008. In the meantime, the defendants filed the present application on 12. 5. 2008, praying inter alia for amendment to the written statement. In other words, the suit is at the initial stage, as the pleadings have yet to be completed. Counsel for the defendants states that by way of the proposed amendment, he only seeks to bring on record the subsequent events that have occurred after filing of the written statement and the same shall not cause any prejudice to the plaintiff as even pleadings are not complete in the suit.