TATA ROBINS FRASER LIMITED Vs. P K PURI

JUDGEMENT

(1.) Heard on the question of admission. The defendant-petitioner is aggrieved by an order of the trial court permitting an amendment in the plaint sought for by the plaintiff-respondent. The plaintiff-respondents have filed a suit for recovery of possession and damages/mesne profit against the petitioner based on landlord-tenant relationship.

(2.) For the period commencing 1.3.1994 the plaintiff-respondents have claimed damages calculated @ Rs. 30.00 per sft. After the filing of the written statement the plaintiff/respondents moved an application for amendment seeking enhancement in the quantum of damages for wrongful use and occupation. It was submitted that they are residents of England, have not resided in India for more than ten years and were not aware of the current market rate of the property. They now seek the claim being allowed to be raised to the rate of Rs. 100.00 per sft. It is submitted by the counsel for the defendant-petitioners that the trial court has committed a jurisdictional error in permitting the amendment. It is submitted that the claim made @ 30.00 per sft was a well calculated and conscious claim preferred and by permitting the amendment, the court has allowed the plaintiffs to resile from the original rate of claim for damages which amendment operates to the prejudice of the defendant-petitioners. Reliance is placed on the decisions of the Supreme Court in Jagtar Singh vs State of Punjab, AIR 1983 SC 462, Modi Spg. & Wvg. Mills v. Ladha Ram & Co, AIR 1977 SC 680, P.H Patil v KS Patil.AIR 1957 SC 363.

(3.) Having heard the counsel for the petitioner I am of the opinion that no case is made out for admitting the revision petition. The amendment has been sought for at an early stage of the suit. There is no question of limitation or jurisdiction involved. Merely because the plaintiff is enhancing the amount for damages over and above what was originally sought for, it cannot be said that the plaintiffs arc resiling from their original stand or are withdraw some valuable admission in favour of the defendant-petitioner.