HARBHAJAN SINGH Vs. BIKRAM SINGH

JUDGEMENT

(1.) The petitioner is aggrieved of order dtd. 4/1/2017 by which his application for amendment in the written statement has been rejected.

(2.) Briefly stated, Eviction Suit No. 10 of 2013 was instituted for a decree for recovery of possession of the suit premises on the ground of default in payment of rent and personal necessity of the plaintiff's daughter. The defendant has denied the tenant-landlord relationship and taken a plea that suit land is vested in the State of Bihar under the provisions of the Bihar Land Reforms Act. In the pending suit, the defendant filed an application for the following amendment in the written statement;

(3.) Referring to the judgment in "State of Bihar and Others vs. Modern Tent House and Another, 2017 8 SCC 567", Mr. Birendra Kumar, the learned counsel for the petitioner submits that the proposed amendment is by way of elaboration of the stand taken by the defendant and it is not that through amendment the defendant intends to fill-up lacuna in his case.