SANTOSH SAWHNEY Vs. SUKHDEV MINHAS

JUDGEMENT

(1.) Civil Revision under Section 25 of the Provincial Small Cause Courts Act, 1887, is directed against the order dated 09.01.2014, passed by Judge, Small Cause Courts / III Addl. District Judge, Dehradun, in S.C.C. Suit No. 16 of 2003, Santosh Sawhney vs Sukhdev Minhas, whereby the amendment application (paper no. 131C) for amendment in the plaint of plaintiff / revisionist has been rejected.

(2.) Heard learned counsel for the parties and perused the entire record.

(3.) Brief facts of the case are that the plaintiff/ revisionist claiming herself to be the co-owner and landlady of the suit property issued a legal notice through her Advocate on 06.06.2003, stating therein, that she is the co-owner and landlady of the suit property and the respondent is the tenant on behalf of the landlady at the rate of Rs.3,000/- per month. The respondent has admitted the co-ownership and landladyship of the revisionist, but denied the fact of default of rent. Then, the plaintiff / revisionist was constrained to institute S.C.C. suit with the averments that the defendant/respondent, who is the tenant, had failed to pay the arrears of rent and damages and, as such, is liable to be evicted from the suit premises. Suit for decree of ejectment and recovery or rent and damages was filed.