SUDHIR JHA Vs. KRISHNA DANGIWALA

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution of India has been preferred against the order dated 9-4-2007 contained in Annx. P/5.

(2.) IN a suit for eviction from residential premises, ejectment has been sought in respect of a part of the premises for non-residential need of wife of plaintiff No. 1 which is not permissible in law. For remaining part, ejectment was sought for the residential need of plaintiff No. 2. It is pertinent to note that plaintiff No. 1 was son of plaintiff No. 2.

(3.) DURING pendency of the suit, plaintiff No. 2 died. An application for amendment under Order 6 Rule 17 of Code of Civil Procedure was filed to delete paragraphs 7 and 9 of the plaint pertaining to the alleged need of wife of plaintiff no. 1 as well as plaintiff No. 2. Instead, a fresh paragraph was sought to be substituted in place of existing paragraph 7 to the following effect:-