MAHESH CHAND Vs. RAJENDRA KUMAR

JUDGEMENT

(1.) DEFENDANT /petitioner, feeling aggrieved by the order dated 24.08.2012 passed by JSCC/Civil Judge (SD), Dehradun as well as judgment and order dated 04.12.2013 passed by Revisional Court/7th Additional District Judge, Dehradun whereby amendment application moved by the defendant/petitioner, herein, was dismissed, has invoked supervisory jurisdiction of this Court under Article 227 of the Constitution of India.

(2.) BRIEF facts of the present case, inter alia, are that plaintiff/respondent, herein, has filed a suit for recovery of rent and eviction against the defendant/petitioner in the court of Civil Judge, (SD), Dehradun, which was registered as SCC Suit No. 29 of 2007. Petitioner/defendant preferred a written statement before the trial Judge wherein in paragraph nos. 10, 11 and 12, in so many words, he contends that he is a tenant of disputed premises and is paying rent @ Rs. 700/ - per month to the plaintiff /respondent regularly and he did not make any default. During the pendency of the suit, defendant/petitioner preferred an application under Order 6 Rule 17 of CPC seeking amendment to the effect that plaintiff is not the owner of 2 property, in question, therefore, plaintiff/respondent has absolutely no locus to file suit for eviction against the petitioner.

(3.) I have heard Mr. Karan Anand, learned counsel for the petitioner, at length.