BASHIR AHMAD Vs. IFTEKHAR AHAMAD

JUDGEMENT

(1.) REJOINDER affidavit filed today may be taken on record.

(2.) THE learned Counsel for the parties jointly agreed that the present writ petition which is directed against an interlocutory proceeding may be heard and disposed off finally at the admission stage itself as the pleadings are com plete.

(3.) HEARD learned Counsel for the parties and perused the record. It is not a dispute between the parties that the possession of the shop No. 5/931/5 has been delivered to the respondent landlord. The said fact has already been brought on record of the case by the landlord himself. If the petitioner also wants to incorporate the said fact in his objection, though it is not necessarv that it should be incorporated but just to satisfy the petitioner the Court should have allowed the said amendment application. The learned Counsel for the re spondent submits that the said amendment application is wholly malafide and has been moved with a view to delay the proceedings. The learned Counsel for the petitioner submits that the petitioner will not lead any evidence in support of the aforesaid plea as the said fact stands admitted. Even otherwise also, since the factum of delivery of possession to the landlord of shop No. 5/931/5 is not disputed by the landlord, no evidence is required to be led by the petitioner. The amendment sought for by the petitioner is formal in nature and in the in terest of justice, the same is allowed.