U.P. AUTOMOBILE ASSOCIATION Vs. R.N. BHARGAVA

JUDGEMENT

(1.) Heard learned counsel for the parties in both the revisions.

(2.) Both the revisions have been preferred by the defendant who is either tenant or licensee. The first revision is directed against order dated 29.3.2012 passed by Civil Judge (Senior Division), Allahabad in Original Suit No.283 of 2009 - R.N. Bhargava vs. Auto mobiles Association. Through the said order amendment application of the tenant-applicant seeking amendment in the written statement has been rejected. Through the second revision order dated 18.4.2012 passed by the same Judge in the same suit has been challenged through which application of the plaintiff/opposite party in these revisions for striking off the defence of the defendant/applicant in these revisions under Order 15 Rule 5 C.P.C. has been allowed.

(3.) Copy of the plaint is Annexure-1 to the affidavit filed in support of stay application in the first Revision. In the plaint plaintiff/opposite party in these revisions has described himself as landlord. It has been stated in para-2 that on the persuasion of a retired Chief Justice and a former Judge of this court the accommodation in dispute was given on licence for three months to the defendant on 15.7.2002. Copy of the license deed was annexed alongwith the plaint however, to the copy of the plaint filed alongwith the affidavit in the revision that deed is not annexed. Thereafter, it is mentioned that after the expiry of the period the accommodation was not vacated inspite of repeated requests. The suit was filed before Civil Judge (Senior Division), Allahabad. Relief claimed is of mandatory injunction directing the defendant to vacate the premises occupied by it as licensee and to deliver the same to the plaintiff. Damages at the rate of Rs.1,000/- per day have also been demanded. In the plaint it has not been mentioned that what was the license fees (it is possible that in the license deed it may have been mentioned).