SUSHIL KUMAR GUPTA Vs. RAM JAS TEWARI

JUDGEMENT

(1.) -Heard learned counsel for the revisionist.

(2.) Through the impugned order dated 25.9.2012 passed by JSCC/Additional District Judge, Court no. 10, Kanpur Nagar defendant, tenant petitioner's application for amendment in written statement filed in S.C.C. Suit No. 153 of 2009, Ram Jas Tiwari Vs. Sushil Kumar Gupta has been rejected.

(3.) This revision is directed against the said order. One of the amendments sought was that the defendant had already paid advance rent till July 2013. The court below,A.D.J., Court No. 10 rightly rejected the said amendment. If advance rent till July 13 had been paid then the said thing should have been stated in the original written statement, which was not done, hence it could not be permitted to be added through amendment. As far as the other amendment is concerned it stands on slightly different footing. Initially it was stated in the written statement that plaintiff was not owner of the house in dispute and in this regard litigation was going on in the High Court, Allahabad in between plaintiff and Sunni Central Waqf Board. Through amendment, it was sought to be added that defendant admitted that plaintiff was owner of the house in dispute, however, his title was in dispute and litigation in between him and the Waqf Board was going on in the High Court. The said amendment has also been rejected by the court below on the ground that it amounted to withdrawal of assertion of denial of title. This part of the order cannot be said to be 100% in accordance with law. However, I am not inclined to interfere in the said part of the order. It is stated by the learned counsel for the revisionist that even after filing of the written statement no amendment was made in the plaint seeking ejectment on the ground of denial of title also. Accordingly, it is clarified that if no amendment has yet been sought in the plaint seeking eviction on the ground of denial of title then in future plaintiff shall not be permitted to seek any such amendment in the plaint.