SARLA DEVI GUPTA Vs. TARA DEVI DUBEY

JUDGEMENT

(1.) THIS is defendant's second appeal. She is aggrieved by the reversal of the judgment and decree passed in Civil Suit No. 39-A/2002, dated 12-8-2004 dismissing the plaintiff's suit for eviction by the VIIIth Additional District Judge, Fast Track Court, Bilaspur vide judgment dated 22-8-2006 delivered in Civil Appeal No 1-A/2005.

(2.) ADMITTEDLY, the appellant/defendant is a tenant in the suit accommodation.

(3.) ON 1-10-2001, the respondent/plaintiff moved an application under Order 6 Rule 17 of the Code of Civil Procedure for amendment not only in the plaint allegations but also to completely amend the description of the accommodation given in Schedule 'A'. Whereas, the Schedule 'A' filed originally with the plaint showed the area of the accommodation shown as house-cum-shop as 35 feet x 30 feet the amended Schedule 'A' showed the description of the accommodation let out as 18 feet x 17.6 feet. The size of the suit accommodation was thus reduced to half. The accommodation was described as "the suit shop" in the Schedule. In Para 1, at two places, by the amendment, the accommodation described was as "the suit shop" only. It was pleaded that as per the amended Schedule, only the suit shop had fallen to the share of the respondent/plaintiff. In Paragraphs 1 and 5 also, the accommodation was solely described as the suit shop. It was also mentioned that since the appellant/defendant had her own house in the nearby vicinity, she did not require the suit shop any more.