VIJAY PARMAR Vs. KISHORE CHAND PITHALIA

JUDGEMENT

(1.) THIS petition is directed against order dated 26 -8 -2002 passed by the trial Court, by which, the Court below has allowed the amendment application filed by the respondent -plaintiff in Civil Suit No.l38 -A/2002.

(2.) THE respondents filed a suit for permanent injunction against the petitioners -defendants on the pleadings inter alia that the petitioners -defendants are the tenants of the house and while continuing as such, without permission in writing or oral, the petitioners -defendants have started demolition, alteration and renovation of the tenanted premises and they be restrained from carrying out any such activity of demolition/alteration/renovation.

(3.) WHILE the matter stood thus, the respondents -plaintiffs filed an application for amendment seeking a decree of eviction and arrears of rent on the grounds enumerated in Section 12(1) and also claimed arrears of rent. By amendment, decree of eviction on the ground of denial of title and on the grounds enumerated under Section 12(1) (m) was also sought. The amendment application was opposed on the ground that by amendment entirely new grounds and different cause of action with the relief has been sought which cannot be allowed in the present suit. The trial Court, however, allowed the application, against which, this petition has been filed.