CHANDAN SINGH PANWAR Vs. HEERA SINGH MANRAL

JUDGEMENT

(1.) Present petition is preferred assailing the judgment and order dated 24.03.2012, passed by the Judge SCC / District Judge, Almora, in SCC Suit No. 7 of 2007, Heera Singh Manral Vs. Chandan Singh Panwar, whereby amendment sought in the written statement was declined.

(2.) Brief facts of the present case, inter alia, are that plaintiff respondent, herein, has filed suit for ejectment of the defendant and recovery of the arrears of rent saying initially defendant was inducted as tenant in the year 1984 while in the year 1985 rent was increased to Rs.250/- p.m. and, thereafter, was increased to Rs.600/- p.m. in the year 1989; defendant has not paid the rent @ Rs. 600/- p.m. from April, 1989. It was further stated that tenancy was at will which was terminated vide statutory notice dated 19.06.2004; defendant has filed written statement saying on the first date of hearing, defendant has deposited entire arrears of rent, cost of the suit alongwith 9% interest, therefore, defendant is entitled for the protection under Section 20 (4) of U.P. Act No. 13 of 1972. It was further averted in paragraph No. 10 of the written statement, in reply to paragraph No. 3 of the plaint that defendant has taken tenanted property on rent @ Rs. 50/- per month and rent was never increased as stated by the plaintiff in the plaint.

(3.) During the pendency of the suit, defendant has moved application seeking amendment in the written statement saying he should be permitted to incorporate paragraph No. 5A in the written statement to the effect that provisions of U.P. Act No. 13 of 1972 are applicable and no cause of action has arisen in favour of the landlord under the U.P. Act No. 13 of 1972. Defendant further wanted to add in paragraph No. 10 of the written statement that since landlord did not carry out any repair or material alteration in the tenanted property, therefore, there was absolutely no occasion to increase the rent. Amendment so sought was declined by the Trial Court. Feeling aggrieved, tenant petitioner, herein, has filed present writ petition.