AJAY BABU; GHANSHYAM BABU Vs. BELA DEVI
LAWS(ALL)-2013-3-304
HIGH COURT OF ALLAHABAD
Decided on March 14,2013

Ajay Babu; Ghanshyam Babu Appellant
VERSUS
BELA DEVI Respondents


Referred Judgements :-

ABDUL REHMAN VS. MOHD. RULDU [REFERRED]


JUDGEMENT

- (1.)These two writ petitions filed by two tenants are directed against the order dated 06.02.2013 passed by the appellate court in two separate appeals filed by them rejecting the application under Order VI Rule 17 C. P. C. seeking amendment in the written statement. The facts, impugned orders and grounds being same and similar are being decided by this common order.
(2.)I have heard learned counsel for the petitioner and Sri Rajesh Gupta for the contesting respondent.
(3.)Facts, as emerge out from the pleadings of the writ petition, are that respondent-landlord filed two applications under Section 21(1) (a) of the U. P. Act No. 13 of 1972 (herein-after referred to 'Act') for release of the shop in dispute against the two tenants, which was registered as P. A. Case no. 05 and 06 of 2006. Vide judgment and order dated 27.02.2010, prescribed authority allowed the applications. Both tenants went up in appeal. During the pendency of the appeals, they moved identical application dated 23.01.2013 seeking amendment in the written statements. Facts sought to be added by way of amendment were that one Gaya Prasad was the initial landlord of the shop in dispute and father of tenants late Someshwar Nath was tenant. Gaya Prasad transferred the said shop in favour of Kedar Nath in 1985 through registered sale deed. Thereafter, Kedar Nath transferred the shop in 1988 in favour of the present landlord Smt. Bela Devi. Father of the tenants-petitioner Someshwar Nath continued as tenant and after his death, petitioner and his other brother inherited the tenancy. Further facts sought to be brought on record by way of amendment was that during the pendency of appeal, the son of respondent-landlord Ram Babu has opened a Sweet shop in the name of 'Swastik Misthan Bhandar' at Maheva Gate and he has also purchased another House no. 316 Kyedganj, Allahabad which has been let out on rent.


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