Sangeeta Chandra, J. - (1.) This petition under Article 227 of the Constitution of India has been filed by the petitioners praying for quashing of the order dated 07.07.2017 passed by the learned Judge, Small Causes Court/Civil Judge(Senior Division), Budaun in SCC Case No. 5 of 2005 (Vidhyawati and others vs Ramesh Chandra and others) and the order dated 27.01.2018 passed by the learned District Judge, Budaun in SCC Revision No. 5 of 2017 (Ramesh Chandra Savita and others vs Smt. Vidhyawati and others) and for issuance of a direction to the learned Trial Court to allow his amendment application No. 127 Ga for amendment in the written statement.
(2.) Learned counsel for the petitioners submits that after written statement was filed and the matter was at the stage of preparation of hearing, their counsel noticed that initially the landlady had sent a notice on 20.11.1991 alleging that the petitioners tenants were in arrears of rent on 16.03.1991, and they should pay up arrears of rent and also by the said notice, the tenancy was terminated. Again a notice was subsequently issued on 07.01.2003, wherein it was alleged that the tenants had not paid up the rent and arrears as demanded and has not vacated the premises and was liable to pay damages for use and occupation of the premises for the period between 22.02.2002 to 21.04.2005 apart from proceeding for ejectment.
(3.) The petitioners in the Original Suit filed a written statement, but due to inadvertence could not bring on record of the trial court, the notice terminating the tenancy of the petitioner way-back by the landlady on 20.11.1991, and the objection that the present proceedings were initiated only in the year 2005, i.e. much after 12 years from the initial notice. Accordingly, the amendment application under Order VI Rule 17 was moved, which was registered as paper No. 127 Ga on 26.04.2017.;