S.U.KHAN, J. - (1.) THIS is a case which deserves entry in the Limca Books of record. Suit for eviction filed by landlord in the year 1973 (S.C.C. Suit no.8 of 1973) is still pending at the revisional stage before learned A.D.J., Court no.VIII Etah. (S.C.C.Revision no.14 of 1996) Revision itself is pending since 1996. Petitioner defendant filed application before lower revisional Court seeking amendment in the written statement raising certain legal pleas which has been rejected by the impugned order dated 06.04.2009.
(2.) LOWER revisional court itself has held that the pleas sought to be added through amendment are already there in the original written statement. Legal points even if not specifically taken in the written statement may be permitted to be argued, provided that sufficient facts/evidence regarding the same is on record. Pleadings are required to contain facts and not law. If two notices are given and landlord admits that he had given both notices then the question as to whether second notice waives the first notice or not is purely a point of law which may be permitted to be raised even without any specific plea in the written statement. Similarly, applicability of the Act and jurisdiction of J.S.C.C. are also legal pleas.
(3.) ACCORDINGLY , impugned order is modified and it is directed that while deciding the revision all those legal pleas which are available to the tenant petitioner on the basis of material ready on record shall be permitted to be raised.;