BOSE Vs. CHOKALINGAM

JUDGEMENT

(1.) The Civil Revision Petition arises out of an order passed in I.A.No.172 of 2014 in R.C.O.P.No.11 of 2012, on the file of the Rent Controller (Principal District Munsif), Karaikudi.

(2.) In R.C.O.P.No.11 of 2012, the respondent/landlord sought for eviction of the revision petitioner on the ground of demolition and reconstruction. In paragraph 6 of the eviction petition it is stated that there is willful default. However, in the said petition the landlord has stated that he is seeking eviction only on the ground of demolition and reconstruction. An Advocate/Commissioner has been appointed with reference to the ground demolition and reconstruction. The matter reached the argument stage.

(3.) At that stage, the landlord filed I.A.No.172 of 2014, seeking to include willful default ground under 10(2)(i) under the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. Accordingly, he wanted to effect amendment in the R.C.O.P.. Earlier, he was not serious about that. Later he was serious about that. Accordingly, he wanted to amend the pleadings. The Rent Controller after noticing the averments in R.C.O.P.No.11 of 2012 allowed the amendment.