Court No. - 30
Case :- S.C.C. REVISION No. - 86 of 2018 Revisionist :- Saleem Opposite Party :- Ashok Kumar Saini Counsel for Revisionist :- Shashi Kant Srivastava
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the revisionist and perused the record.
Present revision has been filed challenging the judgement and order dated 30.5.2018 passed by the Additional District Judge, Court No. 15 Ghaziabad whereby the amendment application filed by the defendant- revisionist under Order 6 Rule 17 CPC seeking amendment in the written statement has been rejected.
The amendment was sought to the effect that the plaintiff had taken the house no. B-175, Lohiya Nagar, Ghaziabad from Ghaziabad Development Authority for residential purposes only but he converted the same in commercial use and one shop was let out to the defendant-revisionist and therefore, any rent agreement between the parties is contrary to law and cannot be enforced. This amendment application has been rejected by the Court below on the ground that the suit is for the rent and eviction between the parties and any terms between the authority and the plaintiff will not affect the merits of the relationship between the parties and it is for the authority to proceed against the plaintiff if the authority so desires.
Submission of the learned counsel for the revisionist is that since the agreement is with the defendant-revisionist, the same is against the norms and rules laid down by the authority and is against the law, therefore, amendment is necessary and is liable to be allowed.
I have considered the submissions of learned counsel for the revisionist and perused the record.
I do not find any legal infirmity in the reasoning given by the Court below. Present revision is misconceived and accordingly dismissed.
Order Date :- 31.7.2018 Abhishek