Prathiba M. Singh, J. - (1.) Allowed, subject to all just exceptions. Application is disposed of. CM (M) 230/2020 & CM APPL. 7321/2020 (stay)
(2.) The present petition challenges the impugned order dated 11 th February, 2020 by which the Petitioners'/Applicants' application under Order VI Rule 17 CPC for amendment of their objection petition has been rejected by the Appellate Court.
(3.) The background of this petition is that a suit for possession and damages was filed by the Plaintiff/Respondent No. 1 - Mr. Akhtar Alam (hereinafter, "Plaintiff") against Mr. Kundan Lal, Ms. Khursheeda Begum and Mr. Rafiq Ahmad in respect of plot nos.161, 162 and 163 situated in Bagh Kare Khan, Gali No.4, Delhi (hereinafter, "suit property"). In paragraph 3(a) of the said suit, the Plaintiff pleaded that the suit property earlier vested in the custodian and the same was released on the condition that any allottee/tenant would not be evicted, except in accordance with law. Paragraph 3(a) of the plaint reads as under: "The Custodian Evacuee property, New Delhi, while passing the restoration order dated 15th October, 1959 (photostat copy enclosed) in respect of plot no.161, 162, 163 situated in Bagh Kare Khan, Delhi (Village Sadhora Kalan) of which the suit property is a part, imposed a condition that the owners of the property - now plaintiff in interests hereir, shall not evict any allottee/tenant of the said property except in the circumstances in which lessee can be evicted under the law for the time being in force. The Custodian further attorned the allottees/tenants vide its order no. AOC/D/5133 dated April, 1964 passed by Mr. Bishan Lal, Asstt. Custodian (Com) directed to pay the rent of the said property and otherwise deal with the aforesaid landlords - Shri Shafiq and others (Photostat copy enclosed herewith)" ;