KUSHALPAL SINGH JADON Vs. DWARIKA PRASAD SINGHAL

JUDGEMENT

(1.) THIS writ petition under Article 227 of the Constitution of India is directed against the order dated 14.5.2015 in Civil Suit No.63 -A/2013 passed by I Civil Judge, Class - II, Gwalior. Plaintiffs application under Order VI rule 17 read with section 151 CPC have been rejected.

(2.) FACTS necessary for disposal of this petition are to the effect that the plaintiff has filed a civil suit for declaration and permanent injunction against the defendants ' as regards non - residential accommodation (shop) to be declared that the plaintiff is tenant at monthly rent of Rs. 1,000/ - with effect from 1.2.2011 and the defendants' be restrained by issuing permanent injunction not to evict the plaintiff forcibly from the suit shop. Defendant No. 1 has filed written statement and also counter -claim inter alia contending that the plaintiff has failed to pay the rent regularly alter June, 2011, therefore, the plaintiff is liable to be evicted from the suit premise on the ground envisaged under section 12(1)(a) of the Madhya Pradesh Accommodation Control Act, 1961 (hereinafter referred to as the Act). Besides, the suit premise is bona fide required by the defendant No. 1/respondent on the ground envisaged under section 12(1)(f) of the Act.

(3.) UPON completion of pleadings, the trial Court framed issues. Plaintiffs evidence has commenced. The trial Court in compliance of the order passed by this Court in Writ Petition No.4900/2014 wherein a direction has been issued to expedite disposal of the suit within one year has further fixed the case for recording the evidence of remaining witnesses of the plaintiff. At this stage, the plaintift/petitioner has filed an application under Order VI rule 17 read with section 151 CPC dated 17.3.2015 on the premise that on 16.3.2015 when he was cleaning the shop, he found a paper cutting having news item dated 30.3.2011 published daily news paper. Dainik Bhaskar showing owner of the suit property as Ram Nath Sharma. Therefore, the plaintiff has filed an application under Order VI rule 17 read with section 151 CPC for amendment in the plaint to assert that the suit premise is not of the ownership of defendants/respondents but is of the ownership of one Ram Nath Sharma.