MOHAN MALURAM AGRAWAL Vs. KALADEVI SAWARMAL AGRAWAL

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Shri D. L. Dharmadhikari, the learned Counsel waives notice for Respondents. By consent, heard finally.

(2.) By way of present petition, the petitioner challenges the impugned order dated 19th September, 2005 in Regular Civil Suit No. 131/2001 below Exhibit no. 71, thereby rejecting the application of the present petitioner for amendment of plaint.

(3.) The facts give rise to the present petition are as under : it is the case of the petitioner-plaintiff that respondent No. I/defendant no. 1 had leased out Pressing Unit to the plaintiff for a period of 7 years on rent of Rs. 6,000/- per year. It is further contention of the petitioner that though the lease was to expire on 1-8-2000, the lease was not terminated by the respondent no. 1 and the said lease still continued. It was further contention that the respondents started construction of wall at point No. A and B to the said Pressing unit. It was further contended that the said defendants were trying to raise the height of wall at point A and B. In the background of this factual position, the petitioner-plaintiff filed a suit for mandatory injunction directing the removal of the said wall at point A and B and further restraining the defendants from raising any wall towards eastern side of the Pressing Unit, etc. The suit was resisted by the defendants on various grounds. One of the grounds raised in the written statement was that the plaintiff himself had delivered vacant and peaceful possession on the expiry of the lease period i. e. in the first week of November 2001.