DURDANA ALIAS CHANDA Vs. MEHRAJ

JUDGEMENT

(1.) This Civil Revision has been preferred the order dated 14.10.2004, passed by Additional District Judge, Court No. 3, Aligarh rejecting application for amendment.

(2.) Plaintiff/Opp. Party filed a suit for possession after eviction of the Defendant and for recovery of rent, taxes and damages for use and occupation for a sum of Rs. 78,120/- and further recovery of damages for use and occupation at the rate of Rs. 2,000/- per month along with all taxes for future till the date of actual possession on the ground, interalia, that Plaintiff is exclusive owner and land-lady of the front portion of first floor of the building popularly known as "Ghani Mansion" situated at Dodhpur, Civil Lines, Aligarh, Defendant occupied the disputed premises at the rate of monthly rent of Rs. 2000/- per month, tenancy starts from 1st day of each English Calender month and expires on the last day of month, a sum of Rs. 78,120/- is due against Defendant on account of rent and damages for use and occupation from January, 2000 to 15.8.2002, Defendant is going to shift at Pune from Aligarh and has sublet the premises to Mr. Murad Zia and Smt. Bellum Munir for obtaining unlawful gain while the Defendant was legally bound to hand-over vacant possession on vacation of the premises and accordingly tenancy was terminated by a registered notice dated 19.6.2002, hence the Suit.

(3.) Defendant contested the Suit and denied plaint allegations. In Paragaphs-6 of the written statement she stated that Sushail Ahmad Faizi, husband of answering Defendant and Smt. Belum Munir took first floor portion consisting of three rooms, two kitchens, store-room, gallery, two Varendah, Bathroom and two latrines on rent from Smt. Mumtaz Begum, who was its owner, in the year 1973 and after taking said portion on rent the husband of defendant, his younger brother, who was a small kid at that time, and his sister started living together in the tenanted portion. Liability of payment of alleged taxes, as well initially agreed, was also denied. It was further stated in paragraph-9 of the written statement that Murad Zia younger brother of late Suhail Ahmad Faizi, who was a kid at the time when the disputed accommodation was taken on rent, and Smt. Bellum Munir, sister of Suhail Ahmad Faizi, also lived with his brother and was brought up by his brother and has been continuously living in the tenanted accommodation.