Neutral Citation No. - 2025:AHC:64903 Court No. - 2 Case :- MATTERS UNDER ARTICLE 227 No. - 4149 of 2025 Petitioner :- Mohammad Sabir Khan Respondent :- Mohammad Usman Khan Counsel for Petitioner :- Pooja Agarwal Hon'ble Neeraj Tiwari,J. 1. Heard learned counsel for the petitioner-defendant. 2. Present petition has been filed challenging the order dated 18.02.2025 passed in Rent Case No. 1550 of 2022. 3. Learned counsel for the petitioner-defendant submitted that Rent Case No. 1550 of 2022 was filed by the plaintiff-respondent, in which written statement was also filed admitting the tenancy of the landlord and thereafter, by way of amendment application, certain amendments were sought by the petitioner-defendant. In the amendment application, it is mentioned that as the structure is temporary, therefore, UP Act No. 13 of 1972 would not be applicable and secondly, the sale deed was not executed by a right person, therefore, landlord is not the owner of the house in question. Therefore, he cannot file the suit for eviction. Learned judge has rejected the amendment application vide order dated 18.02.2025 on the ground that first of all, by way of amendment, applicant is withdrawing the admission given earlier and such application would change the nature of the suit. Filing of amendment application is an attempt to delay the proceeding, which is not permissible under the law. 4. She firmly submitted that once the facts are so relevant for adjudication of suit, amendment application has to be accepted, therefore, impugned order dated 18.02.2025 is bad and liable to be set aside. 5. I have considered the submission of learned counsel for the petitioner and perused the record. 6. No doubt that the tenancy of petitioner-defendant is quite old and it has been accepted in the written statement and further, plea is taken by the petitioner-defendant in the amendment application filed under Order 6 Rule 17 read with Section 151 CPC was very well available at the time of filing of written statement, therefore at this belated stage, same cannot be permitted. Apart that, once the tenancy is accepted in the written statement and in case, amendment application is allowed, it would withdraw the admission given earlier, therefore, that can also not be permitted. Apart that, so far as another ground of execution of sale deed by unauthorised person is concerned, that cannot be a subject matter of tenant once the tenancy is accepted. If it is so, it is between the landlord and the person who has executed the sale deed, therefore, this Court cannot permit the applicant to bring such facts on record by way of amendment application. 7. Therefore, I find no infirmity or illegality in the order impugned. Petition lacks merit and is accordingly dismissed. 8. No order as to costs. Order Date :- 28.4.2025 ADY Digitally signed by :- AMAR DEEP YADAV High Court of Judicature at Allahabad