ADHIROHA Vs. SWAMI OMKARANANDA DHARMA SAMSTHAN

JUDGEMENT

(1.) In S.C.C. Suit No.4 of 2021, 'Swami Omkarananda Dharma Samsthan vs. Adhiroha (A partnership firm) and Others', pending before Additional District Judge, Tehri Garhwal, an amendment application was filed by the revisionists-defendants to the effect that the defendants are entitled to get benefit of Sec. 20 (4) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 [U.P. Act No.XIII of 1972] (as applicable in the State of Uttarakhand) (in short, 'Act, 1972), and, they are not liable to be evicted from the suit property in view of Order 15 Rule 5 CPC and Sec. 111 of the Transfer of Property Act, 1882. The said amendment application has been dismissed vide impugned order dtd. 2/8/2022. Hence, the present Revision under Sec. 25 of the Provincial Small Cause Courts Act,1887.

(2.) Heard Mr. Piyush Garg, learned counsel for the revisionists and Mr. Narendra Bali, learned counsel for the respondent no.1-plaintiff.

(3.) Mr. Narendra Bali, learned counsel for the respondent no.1-plaintiff, contented that respondent no.1-plaintiff opposes the plea of the revisionists-defendants that revisionists-defendants are entitled to get benefit of Sec. 20 (4) of the Act, 1972.