Ram Surat Ram, J. - (1.) Heard Sri Ashish Kumar Singh, for the petitioners.
(2.) This petition has been filed for setting aside the order of Additional District Judge dated 05.03.2016, allowing amendment application of the defendant -respondent to amend written statement under Order 6 Rule 17 C.P.C.
(3.) Zahid Hasan (now represented by the petitioners) filed a suit (registered as O.S. No. 637 of 1995) for ejectment of the defendants from the property shown in the plaint and for damages for use and occupation. It has been stated in plaint that northern part of the property shown by letters Ka, Kha, Ga, Gha was owned by Mohd. Ibrahim and its southern portion was owned by Smt. Habiban alias Biban. Smt. Habiban transferred her southern portion to Noor Mohammad alias Bhura, father of the plaintiff, through sale deed dated 05.02.1966, who constructed two pacca rooms at ground floor and two pacca rooms at first floor. Which was given to the defendants by way of licence. Mohd. Ibrahim transferred his share to Ali Ahmad, Amir Ahmad and Kashir Ahmad through sale deed dated 02.09.1938. The plaintiff was in need of the premises in dispute for his personal use and asked the defendants to vacate it but they did not give any heed to it. As such registered notice dated 25.09.1995 was given to them but after expiry of the period, they have not vacated it.;