spb/- 1 wp2975-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION WRIT PETITION NO. 2975 OF 2010 Lt. Col. Mohan Roy (Retd.) ... Petitioner. V/s. The Union of India & Others. ... Respondents. ----- Mr. Gupte D.M. for the Petitioner. ----- CORAM : D. G. KARNIK, J. DATE : 04th JULY, 2011. P.C. : 1 Apart form the fact that the impugned order is interlocutory, I am not inclined to interfere even on merits for the reasons stated below : 2 Application of the petitioner (original plaintiff) for amendment of the plaint was rejected. That order is impugned in the present petition. 3 The petitioner filed the suit against the respondent- Union of India and its Officers for a declaration and injunction. He claimed that the termination of his lease granted to him by the respondents was illegal and and for consequential injunction and other reliefs including reliefs of damages. By amendment, the petitioner sought to contend that the property which was leased to him by the respondents does not belong to the respondents and it is a private property. Under section 116 of the spb/- 2 wp2975-10.sxw Evidence Act, the tenant cannot deny title of the lessor who has inducted him. Thus in the present case, amendment sought was contrary to the provisions of Section 116 of the Evidence Act and could not be allowed. 4 Hence, the writ petition is rejected summarily. [D.G. KARNIK, J.]