JAMAL AHMAD Vs. AADIL AHMAD KHAN AND ORS.

JUDGEMENT

(1.) Heard counsel for the petitioner and Sri H.P. Mishra on behalf of respondents.

(2.) The petitioner has invoked the supervisory jurisdiction of this Court under Article 227 of the Constitution in challenging the order dated 8 August 2014 whereby, the Judge, Small Causes, Gorakhpur rejected the application 262 Ga seeking amendment in the written statement in SCC Suit No. 15 of 1998, as well as the order dated 28 April 2015 passed by the Additional District Judge, (E.C. Act), Gorakhpur in SCC Revision No. 30 of 2014, dismissing the revision.

(3.) The plaintiff respondents instituted SCC Suit No. 15 of 1998 against the petitioner for recovery of arrears of rent and for ejectment from a shop in the tenancy of the petitioner. According to the plaint case, the land underneath the demised shop belonged to Smt. Anwari Begam, the mother of the plaintiff No. 2. Plaintiff No. 2 with her permission claims to have constructed four shops over the aforesaid land in the month of September 1988, after getting the map sanctioned in the month of May 1988. One of the four shops was let out to the petitioner on 1 October 1988 by plaintiff No. 2 acting on behalf of plaintiff No. 1, who was a minor at that time. The petitioner executed a memorandum on 16 November 1988, containing terms of tenancy. It is alleged that subsequently Smt. Anwari Begam made a gift (Hiba) of the entire land on 25 March 1993 in favour of plaintiff No. 2. According to the plaintiffs, U.P. Act XIII of 1972 is not applicable to the building. The tenancy of the petitioner was terminated by a notice dated 14 July 1997. Thereafter, the suit was instituted in the month of March 1988.