ALOK GARG Vs. ANJU KHURANA

JUDGEMENT

(1.) Heard learned counsel for the revisionist.

(2.) By the instant revision, the revisionist has challenged the order dated 08.11.2013 passed by the Additional District Judge, Court No.15, Ghaziabad in S.C.C. Suit No.35 of 2012 by which the Application No.56-C of the revisionist, seeking amendment in the written-statement, has been rejected.

(3.) The facts relevant for deciding the case are that S.C.C. Suit No.35 of 2012 was instituted by the plaintiff-respondents against the defendant-revisionist for possession of the suit property after eviction of the defendant as also for arrears of rent, mesne profits, damages, etc. Amongst other pleas it was pleaded in the plaint that the original owner of the property in suit was Sunil Khurana, the husband of the plaintiff no.1 and the father of plaintiff nos. 2 & 3. After the death of Sunil Khurana, the plaintiffs, who were his heirs and legal representatives, became the owner. In paragraph no.3 of the plaint it was stated that the plaintiff no.2 (Anuj Khurana) had let out the premises in suit to the defendant-revisionist at a rent of Rs.6,200/- per month. In paragraph no.4 thereof it was stated that to avoid raising of any technical objection, the plaintiff nos.1 and 3 have also joined the plaintiff no.2 in instituting the suit against the defendant-revisionist. The defendant-revisionist contested the suit by raising various pleas. The principal plea, amongst several others, was that there was no relationship of landlord and tenant, inasmuch as, the premises in dispute was taken on license, which was month to month. Thus, according to the defendant-revisionist the suit was not maintainable before the J.S.C.C. Court, as there was no relationship of landlord and tenant. In response to paragraph no.3 of the plaint, where a specific averment was made by the plaintiffs that the premises in dispute was let out to the defendant on a month to month tenancy, at the rate of rent of Rs.6200/- p. m., the defendant-revisionist in paragraph no.3 of the written-statement stated as follows:-