KEWAL KRISHAN Vs. JOGINDER SINGH ANEJA

JUDGEMENT

(1.) PETITIONER is a tenant in the suit shop against whom action for eviction on the ground of personal necessity of the plaintiff/respondent for his son and that the annual income of the tenant is more than Rs. 60,000/ - was brought before the Court of Sub Judge, Jammu.

(2.) AFTER the plaintiff's evidence was concluded and the defendant/petitioner was in the process of leading his evidence, the defendant/petitioner filed an application seeking amendment of the written statement as also for framing of additional issue. The ground for amendment of the written statement as projected in the application was that during the pendency of the suit, plaintiff's son for whose necessity the suit for eviction was filed, has joined legal profession on being enrolled as an Advocate in the J&K; High Court. He is having lucrative practice, therefore, the need of the plaintiff to settle his son in the suit shop seizes to exist. Another plea raised in the application was that the land where the suit shop is existing is a Nazul land and governed by the provisions of Land Grants Act, 1960 and the plaintiff has leased out the hotel constructed on the said land to his wife. He is not entitled to transfer the leasehold right or sub -let the same. Action of the plaintiff being violation of the provisions of the Land Grants Act, hence the suit filed by him, is not maintainable. He, accordingly, asked for framing of following additional issue: - 'That the suit of the plaintiff is hit by the provisions of Land Grants Act, 1960 as such not maintainable.'

(3.) THE Trial court after inviting objections from the respondent/plaintiff rejected the application of the petitioner for amendment of the written statement vide the impugned judgment dated 05.03.2003. It is this order which is subject matter of present revision.