SATISH MALHOTRA Vs. MOOL RAJ RAIZADA AND ANOTHER

JUDGEMENT

(1.) By way of this petition filed under Article 227 of the Constitution of India, the petitioner has challenged order dated 06.04.2017, passed by the Court of learned Senior Civil Judge, Una, District Una, in CMA No. 361-VI-15 filed in Civil Suit No. 781 of 2013, vide which an application filed under Order 6, Rule 17 of the Code of Civil Procedure (hereinafter referred to as 'CPC' for short) by the plaintiffs for amendment of the plaint stood allowed by the learned Court below subject to payment of cost of 5, 00/-.

(2.) Brief facts necessary for adjudication of the present petition are that respondents/plaintiffs (hereinafter referred to as 'plaintiffs') filed a suit for possession of land measuring 0-16-86 Hectares, comprised in Khewat No. 202 min, Khatauni No. 347 min, Khasra No. 2109, situated in UpMohal Behdala, Tehsil and District Una, HP (hereinafter referred to as 'suit land') as per jamabandi for the year 2003- 04 and also for recovery of 36, 000/- as recovery of arrears of rent alongwith interest and mesne profit. Averments made in paras 1 to 4 of the original plaint are reproduced herein below:-

(3.) That the defendant has also not paid the lease amount which was fixed as Rs. 12, 000/- per year. The plaintiff No. 1 got issued legal notice dated 14.2.2002 to the defendant to vacate the said land and to pay the outstanding lease amount but the defendant failed to vacate the said land and requested for some more time as the brick kiln is installed on the suit land. The defendant was requested again and again to vacate the land but the defendant took one or the other excuse and till date has not vacated the said land.