SHIV JI AGRAHARI Vs. URMILA SRIVASTAVA

JUDGEMENT

(1.) Heard Shri Syed Wajid Ali, learned counsel for the petitioner and Shri A.K. Pathak, learned counsel for the caveator-respondent no. 2.

(2.) The challenge in this petition, under Article 227 of the Constitution of India, is to the order dtd. 8/1/2024 passed by the learned Additional District Judge/Court No. 6, Gorakhpur, in SCC Revision No. 38 of 2022 whereby and whereunder the amendment application moved by the petitioner seeking amendment in the written statement at the Revisional Stage has been rejected.

(3.) It is the case of the petitioner that he is a tenant in a premises let out to his deceased father in the year 2004 initially at Rs.680.00 per month subsequently enhanced to Rs.1800.00 per month. The premises is newly constructed and the provisions of the UP Act No. 13 of 1972 are not applicable. The landlord/respondents have instituted a SCC Suit, being SCC Suit No. 4 of 2015 for his eviction and recovery for arrears of rent and damages. The petitioner put in appearance in the proceedings and filed his written statement denying the plaint averments and specifically stating in para 22 of the written statement that on 28/3/2016 with the permission of the Court a sum of Rs.33,000.00 has been deposited and he has been depositing the rent for further months which is not being accepted by the landlord/ respondents. Since the amount of Rs.33,000.00 stands deposited the petitioner is entitled to benefit of Sec. 20 (4) of the Act. The learned Judge Small Cause Court vide the judgment and order dtd. 12/4/2022 has decreed the suit directing the petitioner to handover vacant possession of the tenanted premises within 30 days and also pay rent @ Rs.1080.00 per month from the date of filing of the suit till the date of handing over of possession. The learned Judge Small Cause Court has also held that the provisions of U.P. Act No. 13 of 1972 does not apply. Aggrieved, the petitioner has filed a SCC Revision under Sec. 25 of the Provincial Small Cause Courts Act which has been registered as SCC Revision No. 38 of 2022.