LAWS(KAR)-2018-8-119

SRI. C RAJENDRA Vs. SMT. SOWBHAGYA RANGANATH

Decided On August 07, 2018
Sri. C Rajendra Appellant
V/S
Smt. Sowbhagya Ranganath Respondents

JUDGEMENT

(1.) With the consent and at the request of learned counsel for the parties, the matter is heard finally at this stage itself.

(2.) In a suit for eviction, as filed by the plaintiff-respondent, the defendant-petitioner has already filed his written statement and after framing of the issues, the matter was placed for plaintiff's evidence. At that stage, the defendant-petitioner moved an application seeking leave to amend the written statement, while proposing to take additional pleas as under:

(3.) The Trial Court has declined the application so moved by the defendant-petitioner with reference to the fact that the defendant-petitioner, in his written statement, has categorically admitted his status as that of tenant of the plaintiff. It was held that once the jural relationship of landlord and tenant was accepted, the defendant was entitled to travel beyond his pleadings and was rather estopped from asserting now that Smt. Savitha (said to be the wife of the defendant) was the tenant.