PUNJAB AND SIND BANK Vs. PRATUSH JAIN

JUDGEMENT

(1.) This revision under Section 25 of the Provincial Small Cause Courts Act, 1887 has been preferred by the tenant-defendant, Punjab and Sind Bank, against the order dated 12th December, 2013 passed by the Additional District Judge, Court No. 7, Saharanpur in Small Cause Suit No. 27 of 2008 (Pratyush Jain v. Punjab and Sind Bank and others), whereby the amendment application (Paper No. 258C-1) filed by the plaintiff-landlord has been allowed.

(2.) The essential facts are that the respondent no. 1 is the landlord of the premises in dispute, bearing Municipal No. 2/1374/1, Court Road, District Saharanpur, which was let out to the revisionist-defendant, Punjab and Sind Bank, vide lease-deed dated 24th April, 2000. Initially the lease was effective till 31st May, 2003 at the rate of Rs.20,000/- per month. It was also provided in the lease-deed that after the term is over, the lease can be extended for a further period of five years. The plaintiff-landlord instituted a suit for eviction and damages for use and occupation of the said premises on 24th July, 2008 in the Court of Judge, Small Cause, Saharanpur. Said suit was registered as Small Cause Suit No. 27 of 2008 (Pratyush Jain v. Punjab and Sind Bank and others). The tenant-bank contested the suit and filed its written statement.

(3.) In the said suit, on 26th November, 2013 the plaintiff-landlord moved an application (Paper No. 258C-1) under Order VI Rule 17 of the Code of Civil Procedure, 1908 (for short, the "CPC") supported by an affidavit seeking amendment in paragraph-9 and Relief-B of the plaint, thereby the damages of Rs.800/- per day for use and occupation was sought to be amended to Rs.6800/- per day. It was contended by the landlord in the amendment application that in the recent time the Court Road, Saharanpur has become a commercial locality and in the last 8-10 years, there is a sharp rise in the rental values of the area. Several Government and private companies and other commercial establishments are taking the buildings on rent at the rate of about Rs.100/- to Rs.125/- per square foot. In support of the said averments, a lease-deed dated 24th November, 2012 executed with ICICI Bank in respect of a property, which is situated in the vicinity of the disputed premises, was also sought to be filed. In the said lease-deed, carpet area of the premises was 3426 square feet and the agreed rent between the parties was Rs.3,35,000/- per month. According to the landlord-plaintiff, in view of the said subsequent development, he was entitled for damages at the rate of Rs. 6,800/- per day in place of Rs.800/- per day, which was claimed in the plaint.