- (1.) SUDHIR Narain, J. This writ petition is directed against the order dated 31. 8. 1994 passed by the Judge, Small Causes Court, respondent No. 2, allowing the application for amendment of the plaint filed by the plaintiff-respondent No. 3 and the order dated 4. 5. 1995 affirming the said order in revision passed by respondent No. 1.
(2.) THE petitioner is a tenant of shop No. 96/3 in Building No. 96, Mohalla Kailash Puri, District Meerut. Respondent No. 3 filed Suit No. 200 of 1992 in the Court of Judge, Small Causes Court, Meerut for ejectment of the petitioner on the allegation that the shop in question is a new construc tion and is not covered under the provisions of U. P. Urban Buildings (Regula tion of Letting Rent and Eviction) Act, 1972 (in short the Act ). THE suit was filed on 25th July, 1992. In the plaint it was stated that the petitioner is a tenant at monthly rent of Rs. 600 and further he was liable to pay Rs. 500/- annually towards electricity charges. In para 3 of the plaint it was stated that the defendant failed to pay the rent since 1st June, 1990 and also the electricity charges as agreed by the defendant. In para 8 of the plaint, however, it was stated that the defendant is not claiming the rent from the defendant but seeking relief of ejectment. Respondent No. 3 filed an application dated 1-2-1994 seeking amend ment of the plaint by adding a relief claiming arrears of rent since 1st June 1990. This application was allowed by the Judge Small Causes Court by Order dated 31st August 1994. The petitioner filed a revision against the said order and the revision has been dismissed on 4-5-1995.
(3.) I have heard Sri Rajesh Tandon, learned Counsel for the petitioner and Sri P. K. Jain, Learned Counsel for the respondent. Learned Counsel for the petitioner urged that the petitioner was not afforded opportunity to file objection and without giving such an opportunity the court acted illegally in allowing the application.;