SK UMRUDDIN Vs. MAHBOOBA KHATOON

JUDGEMENT

(1.) The present revisional application under Article 227 of the Constitution of India is directed against the order being No. 104 dated October 11, 2006 passed by the learned Civil Judge (Senior Division), 4th Court, Alipore in T. S. 30/2006 dismissing the application for amendment filed by the petitioner/defendants.

(2.) The circumstances leading to the above application are that the O.P./plaintiffs being the heirs of Abdul Gaffar @ Sattar instituted a suit being T. S. 54/1996, subsequently on transfer renumbered as T. S. 30/2006, for recovery of possession of a stationary shop in the name and style of Beauty Stores inter alia stating that the said Abdul Gaffar @ Sattar allowed his brother Md. Osman, predecessor of the petitioner/defendants, by virtue of an agreement dated January 1, 1990 to run the said shop on contractual basis for a period of five years commencing from January 1,1990 on condition that the latter and thereafter his successors shall pay Rs. 110/- per day as contractual amount and the stock-in-trade of the business valued at Rs. 53,000/- was also entrusted to Md. Osman. Since the petitioners failed to hand over possession of the shop room after expiry of the period and neglected to maintain the shop, the suit was instituted.

(3.) The petitioner/defendants sought to amend their pleadings by incorporating that their predecessor Md. Osman conducted the business of Beauty Stores with one Giasuddin since 1967, the alleged agreement was not read over to him who could simply sign his name in English, that he was a monthly tenant in respect of the said shop and paid rents to Abdul Gaffar and after his death the petitioners became joint tenants, no notice under Section 13(6) of the West Bengal Premises' Tenancy Act was served upon the petitioners, that Abdul Gaffar did not deliver any stock of business to Osman etc.