RADHEY SHAM Vs. SHAKUNTLA DEVI

JUDGEMENT

(1.) THIS order will dispose of the petition challenging the order of the Subordinate Judge granting the permission to amend the written statement.

(2.) THE plaintiff-petitioner (hereinafter referred to as the petitioner) brought a suit for possession on 21st September, 1981, inter alia contending that one Dr. Ved Parkash Aggarwal, was tenant on the premises in dispute and after his death on 10th July, 1981, defendant-respondents (hereinafter referred to as the respondents) entered into possession of the premises. The tenancy was not heritable. No right vested in the respondents as legal heirs of the tenant.

(3.) IN the year 1984, the petitioner sought an amendment of the plaint by adding para 1(a) to the effect, that the shop in dispute had been constructed in the year 1976 and, as such, it was exempted from the provisions of the Haryana Urban (Control of Rent Eviction) Act. The amendment was allowed and the amended plaint was filed.