K KRISHNAN Vs. PRAKALANAYAKI

JUDGEMENT

(1.) THE petitioner herein filed the suit O.S.No.184 of 1974 on the file of the Sub Court, Dindigul for a declaration that he is a tenant entitled to the benefits of the Tamil Nadu City Tenants" Protection Act and for permanent injunction restraining the defendant from interfering with his possession. That suit was filed on 1.7.1974. THE trial Court granted a decree only for declaration but rejected the prayer for injunction. That judgment was rendered on 17.9.1980. While there was no appeal by the plaintiff, the defendants 1 and 2 preferred an appeal against the said judgment in the District Court, Madurai North and it was taken on file as A.S.No.9 of 1982. THE plaintiff in the meanwhile filed a suit O.S.No.836 of 1980 for recovery of possession and damages. THE appeal referred to above was dismissed by the District Court and defendants 1 and 2 preferred Second Appeal No.839 of 1982 in this Court. By judgment dated 6.3.1987, this Court allowed the appeal and remanded the matter to the lower appellate Court for fresh disposal with the following observations:

(2.) AFTER remand the plaintiff, filed I.A.No.210 of 1989 for amendment of the plaint by introducing paragraph 7(a) alleging that after the filing of the suit, the plaintiff was dispossessed by the defendants forcibly and by including a prayer for recovery of possession. The application was opposed by the defendants and the District Judge has dismissed the application. It is against the said order this revision petition has been filed.

(3.) LEARNED counsel for the petitioner submitted that when this court while remanding the matter to the lower appellate court had permitted him to amend the plaint and include a prayer seeking possession of the property, the Court below was in error in dismissing the application for amendment. It is contended that the court below has no jurisdiction to refuse to grant the relief of amendment of plaint which has already been permitted by this Court in the second appeal.