RAVINDRA GUPTA Vs. KAMLESH AGARWAL

JUDGEMENT

(1.) Heard Sri K.M. Garg learned counsel for the petitioner and Ms. Rama Goel Bansal, learned counsel for the respondent.

(2.) The petitioner, who is a tenant of a shop, has filed the present petition challenging the judgement and decree dtd. 17/4/2017 passed by the Civil Judge (Senior Division)/Fast Frack Court, Mathura in S.S.C. Suit No.24 of 2006 (Smt. Kamlesh Agarwal Vs. Ravindra Gupta) whereby the learned Judge has passed an eviction decree against the petitioner, and judgment and order dtd. 22/1/2019 passed by the Additional Sessions Judge Court No.2, Mathura in S.S.C. Revision No.14 of 2017 (Ravindra Gupta Vs. Smt. Kamlesh Agarwal and Others) whereby, the Revisional Court has affirmed the judgement and decree dtd. 17/4/2017 passed in S.S.C. Suit No.24 of 2006, and order dtd. 11/12/2018 passed by the Additional Sessions Judge (SC/ST Act), Court No.2, Mathura whereby he has rejected the application 41-C of the petitioner for amendment in the written statement.

(3.) The facts, in brief, are that the respondent no.1 instituted S.S.C. Suit No.24 of 2006 in respect of a shop described at the foot of the plaint contending inter alia that the petitioner is the tenant of the shop on a monthly rent of Rs.363.00 per month. It is further stated that before July, 2004, the rent of the shop was Rs.330.00 per month, and as per the agreement between the parties, the rent of the shop was to be increased by 10% after every 3 years, and therefore, since August, 2004 the rent of the shop was Rs.363.00 per month.