IN THE HIGH COURT OF YUDICATURE AT BILASPUR CHHATTISGARH / ‘ W.P. NO. i 5 g § [2004 PETITIONERS : 1] Ajij Khan Aged about 39 years DEFENDANTS V S/ o. Late Ibrahim Khan V / 2] Gaffar Khan Aged about 37 years S/o I ate Ibrahlm Khan éekM“W\ ,, $4 Both R/o Near Akbar Photo Smdlo, front of Guru GhaSIdas Satnaml Mandlr, Tehbandha, RaVlgram, Ralpur Tahsll & “.e‘x’w‘} XA Distt. Raipur (C.G.) - VERSUS RESPONDENT Mohd. Yusuf Raja, Aged about 2 years, PLAINTIFF S/o‘ Mohd‘ Ishaq, R/oo Kalma Talab, /{Q Rajpur, Tahsil & Dist’t. Raipur (C.G.) ’ WRIT PETITION UNDER ARTICLE 2267227/0F THE CONSTITUTION OF INDIA ~ .- f , 4 xt.Hc-22 for the pe'rifloners. The péfifioners have p ferred his hi1 pefifih'l under order wed 16-4-2004 passed b the 4*" Addsmmi oistrié+ Judge, ' Raipur in ,Civii sun No.111-A/oz in e numer of Mond. yusuf Rojo Vs. Ajij Khan & oihars, wheraby fhe‘ learnedlAddi‘Haml District Judgé rejemd fhe applion‘l'ion of 1he ifioners filed under Order 6 Rule 17 bf 'rhe C.P.C. on me ground fhe amendment which has been §oughf for in ihe written strif is contradictory 1’0 The earlier mi? and ‘H'ie amendment sough for is not necessary for 'rhe deferminafion of the real dispute Ihave heard the learnedc learned counsel for 1h petitioners argued that the respondent herein filed o suit agai st the petitioners for declaration that he is the tenant of the petiti ners herein and injunction and the ght, was filed by the respondent a landlord and tenants to the mm since m Wine plan of C.P.C. was not raised hy the of amendment the petitioners sought that amendment, which was necessary for the real suit, in which the amendment was herein later on claiminghimself petitioners herein. He further bar under Order 2 Rule 2 of petitioners herein, therefore. by' ‘s‘w'ermstsvmt .d i L Articles‘226/227Lof the Constitu ion of India being aggrieved by the f f e f o u d l are required'1o-show rrhaf ‘lhe wi‘rhou‘t Jurisdicfion or even “Hm? ju M‘” and If lhz order passed Is allowed To exist lhen *he some will W n: faliure of Justice I have perused ‘rhe impugned order aid 1he relevmf Mommenfs. If Is True 1m? inc respondent herein earlier filed a suit ‘ r declami‘ion and injunction reafler the wonden'r herein i9 'rhe pe'liiioners herein as his ihe respondent herdn on The grounds for ewc‘hon as enmsaged under Sechons 12 (1)(o) mid 12(1)(e) pf The Chhafflsgarh Ram Confrol Act The plea, which 1he petmoners herein warned +0 raise by way already raised. If we look ln‘to which lite peh'homrs herein had already filed c an? for V lam'rion To lhe effecf 1’ha1 fhe’ fendmfs are his fcnmfs and lso for me permanenf injunction. I has fur‘rher been mentioned in e para-2 of fhe wri‘hén s'ra‘i‘e ugainsf he pe‘mioners henin f Wwm 1he’snme proper-1y and 1h again filed u 3J3? for avicfion showir femn'l's and ‘rhis wit ma filed by bf amzndmen‘r, in the wbs'mnce H para-2 of fhe airmen mm? i ifioaliy raiaed ma? fhe Qiairm' i§ 4 the paies. Befn soaking H o relief under Arlicle 227 of the Con ‘ful’ion of India, 1h¢ petifioners below has passzd an order n was 'rhere bu‘l' ‘lhe court below has failed +0 exercise fhe junsdic‘hon which was vasfed in 11’ l inal' Wifhou‘r oblaining fie/”Ml c r' ’o decrez of declara'rion, he has again filcd ‘H'tls sui'l’ for avid-ion, which is The confemp‘r of Court Therefore, h i113 first ius'tmee, ‘rhe lpe1i1ioners hwe already mised' masa‘ poims. Mot-com, as has been V men'l'ioned by fhe friai' Cour? in me Mapugmd order fhaf 1his sui? has been fiied by fhe wands"? weciifically under fha Chha‘r‘tisgarh 1* Comm! Ac'r and on me groun memioned in, Sedions 12(1Xa) 12(1Xc) of the Ac'r and read‘ to ‘l'hs conclusion thaf 1he ndmen‘r is no? necessary in order fo decide he areal confmversy Tween fhe parties; In ‘rhis case, 'rriai Cour? is simply required o look imo The fac‘r iha‘r as fo whe er 'rhe responden‘r herein has able 1‘0 prove 'the relafionship f he hndlord and fhe ienan‘rs d if he faiis fo prove ‘I'haf rela diip, 1hen ihe suii' wili be- fomaficaliy dismissed. In fhe circumstances, I do no‘l' ind any iihgali'fy or infirmity in Sd/— L.C.BHADOO Judge Bdrve [ova wraa d