- (1.) HEARD Shri Surya Kant, learned counsel for the petitioners and Shri U.A. Khan, learned counsel for the respondents.
(2.) THIS writ petition filed by a tenant seeks a writ of certiorari quashing the order dated 6.11.2013 passed by the District Judge, Lucknow in revision under Section 25 by the Provincial Small Cause Court Act affirming an order partly rejecting an amendment application filed by the petitioner for amending the written statement. The facts relevant to the controversy involved in the writ petition are as follows.
(3.) THE landlady, Smt. Zareena Begam filed a suit for arrears of rent damages and eviction through power of attorney holder her husband, on the ground that the accommodation in dispute situate in Mirzaganj, Malihabad, Lucknow was let out to Hasan Aslam at Rs.450/ - per month rent; the tenant Mohd. Aslam died and the petitioners are his heirs and now tenants; the rent from August 1997 to March 1998 amounting to Rs. 3,600/ - is unpaid; that a demand notice demanding rent remained uncomplied, another notice dated 13.4.1998 was served upon the tenant on 18.4.1998 whereby the tenancy was terminated. Even this notice remained uncomplied with and hence the suit. The tenants filed the written statement admitting the relationship of landlord and tenant between them. It was however claimed that the rent was only Rs. 130/ - per month and not Rs. 450/ - as alleged. The tenants denied being in arrears of rent. It was also alleged that the husband of the petitioners had been inducted about twelve years ago at a monthly rent of Rs. 100/ -. Thereafter one room was constructed with the permission of the landlady whereupon the rent was enhanced to Rs. 130/ - per month. It was lastly alleged that the rent for the period from 1.8.1997 to 31.7.1998 had been paid by cheque which had not been encashed due to ulterior motive and the suit had been filed.;