DAMODARA SASTRY Vs. NILGIRI SANJIVIAH

JUDGEMENT

(1.) This is a revision petition preferred by the petitioner-defendant against the order of the learned Principal Subordinate judge, Bangalore, dismissing his application, I.A. No. VI, filed under Order 6, Rule 17, C.P.C. praying for permission to amend his written statement in O.S. No. 159/ 52-53.

(2.) The facts that have given rise to this petition are briefly as follows:

(3.) The petitioner is the defendant and the respondent is the plaintiff in the lower Court. Plaintiff's suit was for recovery of arrears of rent and eviction of the defendant from the suit premises on the allegation that the defendant is a tenant. The defendant, while admitting his being in possession of the suit premises, has contended that he is not a tenant under the plaintiff but under some other person. Later on, the defendant filed an application as per I.A. No. VI praying for permission to amend his written statement by adding a new plea that he is not in possession of the premises since 10-7-1051 and that one Channiah is in possession thereof. The plaintiff opposed that application, and the learned Subordinate Judge dismissed the same on the ground that the amendment sought for was inconsistent with the case as put forth by the defendant previously and that the application had not been made bona fide. It is against that order that this revision petition is filed.