OM PAL SINGH Vs. RAJESH KUMAR KAURA

JUDGEMENT

(1.) Civil Revision under Section 25 of the Provincial Small Cause Courts Act, 1887 (hereinafter referred to as 'the Act'), is directed against the order dated 25.09.2019, passed by Judge, Small Cause Courts / 6th Addl. District Judge, Dehradun, in S.C.C. Suit No. 67 of 2016, Rajesh Kumar Kaura vs Om Pal Singh, whereby the amendment application (paper no. 44C-1) filed by the respondent / plaintiff has been allowed.

(2.) Facts leading to filing of present case are that respondent / plaintiff filed said suit claiming himself to be the owner and landlord of the suit property with the averments that the suit property was let out by him to the revisionist / defendant no. 1 on 10.11.1998 for a period of 11 months at the rate of Rs.1200/- per month, details of which are mentioned in the foot of the plaint. It is averred that the defendant no. 1 did not pay the rent to the plaintiff since 01.01.2007 and also sub-let the said property to one Mehtab, who has been arrayed as defendant no. 2 in the suit. It is further averred that defendant no. 1 also made some material alteration in the suit property and raised tin shed and other construction without seeking written permission of the landlord / plaintiff.

(3.) Revisionist / defendant no. 1 filed his written statement on 10.07.2017, denying the plaint averments. It is stated that the defendant no. 1 is in possession over the suit property since about 40 years and running the business of spare parts. It is also stated that it is wrong to say that defendant no. 2 is running a juice and confectionery shop in the suit property. It is further stated that since the defendant no. 1 is in possession for more than about 40 years, therefore, the respondent / plaintiff is debarred to seek the possession now from the defendant no. 1 and the suit is barred by Section 27 of the Limitation Act. Lastly, it is stated that the plaintiff is not entitled to get any rent and damages from the defendant no. 1, as the defendant was never a tenant of the plaintiff.