SRAWAN KUMAR Vs. RAJAT VERMA

JUDGEMENT

(1.) The tenants have filed this petition for quashing the order 11th November, 2011 passed by the Appellate Court by which the application filed by the petitioners for incorporating certain amendments in the written statement was rejected. It appears from the record of the writ petition that the landlord-respondent had filed an application under section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the 'Act') for release of the shop in dispute. A written statement was filed on behalf of the petitioners. The Prescribed Authority, however, by the order dated 7th August, 2010 allowed the application against which the petitioners filed an appeal. During the pendency of the Appeal, the petitioners filed an application under Order XLI, Rule 21 of the Code of Civil Procedure for adducing additional evidence that the oral gift was void. The petitioners also moved an amendment application for incorporating in the written statement the fact that the oral gift was void. The Court rejected the amendment application but permitted the petitioners to raise this legal plea of oral gift being void at the time of arguments. It is the submission of the petitioner that the amendment application should have been allowed by the Appellate Authority.

(2.) As noticed hereinabove, the contention of the petitioner was that the oral gift was void. This submission has been permitted to be raised by the Appellate Court at the time of arguments. No injury is, therefore, caused to the petitioner which may call for interference by this Court. The writ petition is, accordingly, dismissed.