IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (C) No. 2682 of 2009
Md. Hassan Rizwi @ Hassan Rizwi ... ... Petitioner
Versus
Tata Iron & Steel Company Ltd. ... ... Respondents
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CORAM: HON'BLE MR. JUSTICE SUSHIL HARKAULI
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For the Petitioner: Mr. Dr. H. Waris
For the Respondents: Mr. G.M. Misra
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2/04.9.2009
I have heard learned counsel for the petitioner.
The petitioner is the defendant in the suit being Eviction Suit
No.30 of 2001 instituted by the respondent Company for eviction of
the petitioner from accommodation belonging to the plaintiff
Company. The basis of suit, as spelt out by the plaintiff, was that
the petitioner was an employee of the Company and in that
capacity of such employee he was allotted the Company
accommodation in the year 1990. The petitioner has ceased
thereafter to be an employee of the Company and he has defaulted
in payment of rent and the Company requires the accommodation
for use of its other existing employees.
The petitioner filed a written statement and later sought an
amendment in the written statement. In subsistence the
amendment seeks to incorporate the fact that in the allotment
letter dated 31.5.1990 the words “M.L.A.” have been subsequently
interpolated by the employees of the Company and the petitioner
has instituted a criminal case in respect of the alleged interpolation.
It is quite obvious that these averments have absolutely no
relevance to the material facts stated above upon which the suit is
based. The amendment sought is frivolous purely by way of
dilatory tactics and malafide, and if the same has been rejected by
the Trial Court, no interference is called for under Article 226 of the
Constitution of India.
This writ petition is accordingly dismissed.
(Sushil Harkauli, J.)
Sudhir/FA