STATE OF HIMACHAL PRADESH Vs. CHAMAN LAL

JUDGEMENT

(1.) This petition is directed against the order dated 10.8.2015, rendered by the learned Civil Judge (Sr. Divn.), Shimla, H.P., in CMA No. 13/6 of 2015 in Civil Suit No. 165/1 of 2013/2009.

(2.) Key facts, necessary for the adjudication of this petition are that the petitioners-plaintiffs (hereinafter referred to as the plaintiffs) have filed a suit for possession of the land comprised in Khewat No. 7, Khatoni No. 15 min, Kh. Nos. 51, 52, 54, 55, 56, 65 and 70 kite-7 measuring 0-08-54 hectares, situated in Mohal Dhasholi, Tehsil Chopal, Distt. Shimla, H.P., against the respondent-defendant (hereinafter referred to as the defendant) on the ground that he was licensee over the suit property and after the expiry of the licence, he was required to hand over the suit land to the plaintiffs. The defendant filed written statement. The defendant also moved an application under Order 6, Rule 17 CPC, whereby he sought amendment of the written statement by taking plea that the suit was not maintainable and alternative plea was sought to be taken that in case the Court comes to the conclusion that defendant was licensee, in that event, licence being permanent cannot be revoked. The application was contested by the plaintiffs. The learned Civil Judge (Sr. Divn.), Shimla, allowed the application vide order dated 10.8.2015. Hence, this petition.

(3.) I have heard learned counsel for the parties and gone through the impugned order dated 10.8.2015, carefully.