RAM SURAT RAM, J. - (1.) HEARD Sri M.A. Khan, Senior Advocate, assisted by Sri Uma Shankar Sahai for the petitioner and Sri Ashok Pratap Singh Gaur, for respondent -2.
(2.) THIS writ petition has been filed against the order of Civil Judge, (respondent -1) dated 09.07.2013, allowing the application for amendment of written statement filed by respondent -2 in Regular Suit No.932 of 2011 Shakeel Ahmad Vs. Yusuf Jamal Siddiqui. The petitioner filed a suit (registered as Regular Suit No.932 of 2011) for ejectment of respondent -2, from house No. A -4/2, Paper Mill Colony, Nishatganj, Lucknow. It has been stated by the plaintiff that the house in dispute was purchased by him through registered sale deed dated 19.03.2010, from Lucknow Development Authority, Lucknow, in auction sale held in the year 1998. The defendant is real brother of the plaintiff. Due to some problem, the defendant was permitted to live in the house in dispute as licensee. The plaintiff is a practicing advocate High Court, Lucknow Bench as such in order to accommodate his clients, he was in acute need of the house in dispute. The plaintiff asked the defendant to vacate it. The defendant however was avoiding the request of the plaintiff, then by registered notice dated 19.10.2011, licence of the defendant was revoked and he was asked to vacate the house in dispute within 30 days. The notice was served upon the defendant on 20.10.2011 but he had not vacated the house in dispute. On these allegations, suit for ejectment and mesne profit was filed.
(3.) RESPONDENT -2 contested the suit and filed his written statement on 12.04.2012. In the written statement, plaint allegations were denied. In additional pleas, it has been stated that one Iftikhar Ahmad was tenant in the house in dispute on the monthly rent of Rs. 82. He was bachelor and was served by the defendant, in his last days. Iftikhar Ahmad executed a will dated 09.09.1997, in his favour and died on 04.11.1997. After death of Iftikhar Ahmad, Lucknow Development Authority seized the house in dispute on 31.12.1997. The defendant moved an application for release of the house in dispute in his favour, claiming to be heir of original tenant Iftikhar Ahmad, on the basis of his will dated 09.09.1997, then after making inquiry in respect of the claim of the defendant, house in dispute was released in his favour. After taking possession, the defendant renovated the house in dispute in April -May, 2010. The defendant was not licensee but tenant of the house in dispute since 1995. In case, the plaintiff had acquired ownership from Lucknow Development Authority, of the house in dispute, then he had become his tenant. The plaintiff get the house in dispute allotted, concealing the correct fact that the defendant had inherited tenancy and never surrendered his tenancy right.;