Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 6646 of 2018 Petitioner :- Abdul Bari Respondent :- Narendra Kumar Agarwal And 2 Others Counsel for Petitioner :- Bal Krishna Pandey
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner.
Present petition has been filed challenging the order dated 24.8.2018 passed by the District Judge, Bulandshahr whereby the amendment application Paper no. 17A filed by the petitioner seeking amendment in his written statement has been rejected.
Submission of learned counsel for the petitioner is that the respondent no. 1 is not the landlord of the petitioner and in fact the owner of the property is Nagarpalika and he is the tenant of the Nagarpalika and because of lower education and absence of knowledge he could not assert the same in his written statement and therefore, the amendment is necessary in the interest of justice.
I have considered the submissions and have perused the record.
On perusal of record, I find that the court below has recorded a finding that in the written statement the petitioner herein has admitted the landlordship of the respondent no. 1 and in so far as the property in possession of one Manak Chand is concerned all the relevant documents including interim orders were already on record before the court below that the landlord has not been able to get possession of the shop in possession of Manak Chand. In such view of the matter, it was found that the petitioner wants to withdraw his admission of landlord and tenant relationship between the parties.
I find no good ground to interfere in the order impugned herein as all the relevant documents were available during trial and were also on record of the trial court. Apart from that by means of the amendment the petitioner cannot be permitted to withdraw his admission.
This petition is devoid of merit and is, accordingly, dismissed. No order as to costs.
Order Date :- 17.9.2018 p.s.