CHANDRAN Vs. GOPALAN

JUDGEMENT

(1.) The plaintiff in O.S. 636 of 1997 challenges the order passed by the Munsiff's Court, Kannur in I.A. No. 3572 of 1998 filed in the above case whereby the request for amendment made by him was turned down.

(2.) In the plaint, the revision petitioner alleged that he is in possession of one shop and its premises where he is running an automobile workshop; that the respondent herein had leased it out to him in the year 1972 with a liability to pay rent of Rs.100/- per mensum; that subsequently, the rate of rent was enhanced to Rs.500/- per mensum; and that the respondent was trying to create difficulties to the plaintiff for the continuance in the premises a permanent prohibitory injunction restraining him from closing the gate of the premises was necessary.

(3.) In the counter filed to the plaintiff s injunction application, the respondent pointed out that the suit is filed with false averments; that there was no question of granting any lease to the plaintiff as alleged in 1972 since the defendant even got title to the property only in the year 1977; that the request for amendment was devoid of any bona fides and that the contentions of the petitioner are also devoid of any bona fides. It is in this background that the petitioner came forward with the request for amendment of the plaint introducing a case that the lease was in 1977. The survey number given in the plaint was also incorrect and hence there was also a prayer for amending the schedule.