SURESH CHANDRA SHARMA Vs. NAND KISHORE KAMAL

JUDGEMENT

(1.) THIS writ petition is directed against the judgment and order dated 3.8.2011 passed by the Prescribed Authority/Civil Judge (Senior Division), Kairana, District Muzaffar Nagar in P.A. Case No. 19 of 2007 (Nand Kumar v. Suresh Chandra), whereby an application (Paper No. 20 "Ga") filed by the petitioner for dismissal of the proceedings under Section 21 (1 )(a) of the UP Act No. 13 of 1972 (in short "Act") on the ground that the respondent has claimed status of the petitioner as unauthorized occupant was dismissed, and further allowed the application of the respondent for amendment of the plaint.

(2.) THE relevant facts as set out in the writ petition may be recapitulated as follows;

(3.) THE petitioner has submitted that the respondent has never accepted the petitioner as tenant and an issue to this effect was framed in the earlier SCC Suit No. 11 of 2000 filed by the respondent against the petitioner for arrears of rent and ejectment. It was further submitted that the said amendment is in contradiction to the pleadings of the earlier suit, as such, the present release application is not maintainable. It was further submitted that it is well settled law that party cannot withdraw from its own admission and once the respondent has claimed/alleged the status of the petitioner as unauthorised occupant, it was not open to change his stand in the subsequent proceedings and claim him as his tenant.