RAJENDRA KUMAR Vs. RAM KRISHNA LADDHA AND ANR.

JUDGEMENT

(1.) This petition seeks the quashing of the order dated 28th September, 2011 passed by the Revisional Court by which the Amendment Application filed by the Revisionists has been allowed. SCC Suit No. 28 of 2002 had been filed by the plaintiffs-Revisionists (respondents) for eviction of the defendant from the shop and for recovery of arrears of rent. The Suit was dismissed by the Judge, Court of Small Causes holding that no rent was due. The plaintiffs filed a Revision and during the pendency of the Revision, an application for amending the plaint was filed contending that the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the 'Act') did not apply to the property since the building belonged to or was vested in a public charitable institution. The amendment application filed by the revisionists has been allowed against which the present petition has been filed.

(2.) It is contended by learned Counsel for the petitioner that the plea taken that the provisions of the Act will not apply, completely changes the entire nature of the suit. It is also submitted that in respect of the same building, Writ Petition. No. 2549 of 2012 was filed to assail a similar order allowing the amendment application and the Court stayed the further proceedings. It is, therefore, submitted that the petitioner is entitled to similar protection.

(3.) The matter requires examination. Connect this petition with Writ Petition No. 2549 of 2012 and list on the date fixed. Issue notice to the respondents by registered post. Steps may be taken within a week.