MOHMAD HUSAIN CHHOTUMIYA SHAIKH Vs. TARABEN MANILAL SHAH

JUDGEMENT

(1.) . This revision petition is directed against the order dated 17/07/1989, passed by the learned Second Joint Civil Judge (J.D.), Ahmedabad, Rural at Mirzapur,on Exh. 57 in Civil Suit No. 263 of 1985 on his file. By the impugned order, the learned Judge has rejected Exh. 57 application filed by the revision petitioner (the plaintiff) for a permission to amend the plaint.

(2.) . The petitioner filed the suit against Manilal (since deceased) (Defendant No. 1) and Babulal respondent No. 5 herein (Defendant No. 2).

(3.) . In the plaint, the petitioner averred that since about 16 years, he is running the business of a flour factory in the suit premises. It is the case of the petitioner that he had taken the suit premises on lease from deceased Jaishanker, who was the original tenant in the premises. The petitioner averred that formerly he used to pay rent at the rate of Rs. 27/ - per month for the suit premises to Jaishanker, and since the death of Jaishanker, he has been paying the rent to Babulal, opponent No. 6 (defendant No. 2). The petitioner averred that though he paid rent regularly, defendant No.2 never issued him any rent receipt. In paragraph 3 of the plaint, the petitioner averred that defendant No. 1-Manilal is the owner of the premises. In that paragraph, he also stated that he took the premises on lease in 1969 and Manilal, defendant No. 1 has fully consented to that. He then averred that opponent No. 5 was, since some time prior to the filing of the suit, trying to increase the rent and that demand for increased rent was stoutly opposed by him. Therefore, accordingly to the petitioner, opponent No. 5 has been trying to snatch away the possession of the premises from him.