AKHTAR ALI Vs. KHURSHID FATMA

JUDGEMENT

(1.) HEARD learned counsel for petitioner.

(2.) THIS writ petition has been filed for quashing the order passed by Judge, Small Causes Court dated 3.11.2007 by which amendment application filed by plaintiff-respondent has been allowed and revision filed by petitioner has been dismissed.

(3.) THE question raised by petitioner that after filing written statement, plaint was amended and this plea regarding non-applicability of the Act has been taken by way of amendment. In my opinion, in case, the Act is not applicable, that has to be proved on the basis of relevant record that Act No.13 of 1972 is not applicable. Petitioner is at liberty to lead the evidence accordingly to prove that the building in question comes under the definition of Act No.13 of 1972 by producing the cogent evidences. Therefore, the trial court was justified in allowing the amendment. Further revisional court has also considered the same and has found that question of applicability of Act is pure question of law and is to be decided on the basis of relevant evidence and on the basis of pleadings of the parties. therefore, in case, petitioner has already deposited the admitted rent and if ultimately it is decided that Act No.13 of 1972 is applicable, the benefit of Section 20 Sub Clause 4 will be available to petitioner and if it is decided that Act is not applicable, then petitioner will not be entitled for benefit.