DOLI KARMAKAR Vs. RANJAN KUMAR SADHUKHAN

JUDGEMENT

(1.) The petitioner is the defendant in a suit for eviction instituted by the opposite party. It is pending on the file of the learned Civil Judge (Junior Division) at Barasat, District 24-Parganas (N). It appears from a reading of the plaint that the petitioner was inducted as a tenant in respect of three shop rooms, described separately in schedules (a), (b) and (c) appended to the plaint, at a monthly rental of Rs. 500/-, Rs. 145/- and Rs. 55A respectively. Eviction has been prayed for on grounds of default in payment of rent and reasonable requirement of the suit properties by the opposite party, being the plaintiff in the suit.

(2.) The written statement, filed by the petitioner, records her admission that she is a tenant under the opposite party in respect of the suit properties at the monthly rental of Rs. 500/-, Rs. 145/-, and Rs. 55/-respectively payable according to Bengali Calendar month. However, she disputed the validity, legality and sufficiency of the notice to quit dated May 2, 2006 and claimed that no notice was served upon her. She also denied that she was a defaulter in payment of rent or that the opposite party required the suit properties for own use.

(3.) It was at the stage of witness action that the petitioner filed an application under Order 6 Rule 17, Civil Procedure Code for amending the written statement filed by her. She proposed to introduce certain sentences after paragraph 17 of the written statement, which are to the following effect :