BEENA SENGAR Vs. SMT. MAYA CHAUHAN

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) The respondent landlord preferred a suit for eviction and arrears of rent against the petitioner tenant. After the evidence of the plaintiff had been led, she preferred an amendment application for incorporating the fact that she was tenant of three rooms instead of two and other amenities along with other amendments. The other amendments were allowed but the amendment with regard to changing the extent of tenancy was rejected by the impugned order which is subjected to challenge.

(3.) The Court below rejected the amendment sought for increasing the extent of the tenanted accommodation on the ground that the petitioner had admitted that he was only a tenant of two rooms, one verandah and other amenities in an injunction Suit No.41 of 2005 filed against he previous landlords who were the vendors of the present landlord. The Court also found that in the present case while depositing rent under Sec. 30 of U.P. Act No.13 of 1972, again the tenant had admitted of being a tenant of only two rooms, one verandah, latrine and other amenities.