BIJAY KUMAR JAIN Vs. DROPADI DEVI SINGHANIA

JUDGEMENT

(1.) Aggrieved by order dated 06.02.2014 in Title (Eviction) Suit No. 02 of 2011 whereby, application for amendment in the plaint has been allowed, the present writ petition has been filed.

(2.) The petitioner is defendant in Title (Eviction) Suit No. 02 of 2011. The suit was filed for ejection of the defendant from the suit schedule property comprised in Plot No. 467, Khata No. 4 admeasuring about 22 decimals. The plaintiff asserted that she is absolute owner of 22 decimals of land over which the defendant constructed one big shed with two big rooms, six staff quarters and a groundwell and the same was given to the defendant on monthly rent. A licence agreement was also executed between the parties. The suit was filed on the ground of default in payment of rent and for a decree of arrears of rent. The defendant filed written statement denying relationship of landlord and tenant. The defendant took a plea that the suit premises came in his possession by virtue of an agreement to sale for which he paid consideration amount of Rs. 7,20,000/. In the pending suit, an application under Order VI Rule 17 C.P.C. was filed on 01.03.2012 which has been allowed vide impugned order dated 06.02.2014. Aggrieved, the petitioner has approached this Court.

(3.) Heard the learned counsel for the parties.