SUDHIR NARAIN,J - (1.) THIS writ petition has been filed against the order passed by Judge, Small Causes Court dated 25th May, 1993, rejecting the application for amendment of the written statement filed by the petitioner and the order of respondent No. 1 dated 21.4.1995, dismissing the revision against the aforesaid order.
(2.) IT is alleged that Ram Singh and Pratap Singh were co-owners of Property Nos. 44 and 45 situate in Mohalla Chhota Rajban Bazar, Meerut Cantt. There was a partition between these two brothers on 28th December, 1994 and Property No. 4 came in the share of Ram Singh and property No. 45 came in share of Pratap Singh. Pratap Singh sold House No. 44 on 7.12.1988 in favour of Taj Mohammad and Mohammad Idris, Respondents 3 and 5. Respondents 3 to 5 claiming that Pratap Singh was sole owner of Property No. 44 and the petitioner was its tenant, served a notice terminating the tenancy of the petitioner. As the notice was not complied with they filed Suit No. 78 of 1990 for arrears of rent, ejectment and damages against the petitioner. The petitioner filed written statement in the said suit on 25.10.1990.
(3.) DURING the pendency of the suit the petitioner filed an application for amendment of the written statement on 11.5.1993. In the amendment application it was stated that Pratap Singh was not sole owner of Property No. 44. There was a partition in the family in which brother of Pratap Singh, namely, Ram Singh was allotted this property. He had executed an agreement to sell in favour of the petitioner on 10th August, 1990. Ram Singh could not execute the sale deed and later on he executed the Will on 10.12.1990 in favour of the petitioner bequeathing the property No. 44 in favour of the petitioner. Ram Singh died on 10th January, 1992 and after his death the petitioner inherited the property in question and became its owner and the suit for ejectment could not be decreed against him. This amendment application was rejected by the Judge, Small Causes Court taking the view that the petitioner had not filed the Will on which he had placed reliance. The petitioner filed a revision against this order and the revision has been dismissed by Respondent No. 1 by order dated 1st April, 1995.;