ANNOO SHETTY Vs. AISHABAI HAMID KHAN

JUDGEMENT

(1.) -THE petitioner is the defendant in a suit pending in the Small Causes Court at Bombay. He is aggrieved by the judgment and order of the Judge, Small Causes Court, Bombay dated 10 October, 1991 rejecting his application under Order 6, Rule 17 of the Code of Civil Procedure (C. P. C.) for amendment of his written statement.

(2.) A suit was filed by the respondent (original plaintiff) in the Small Causes Court at Bombay against the petitioner for his eviction from certain premises (suit premises) and arrears of compensation. Written statement was filed by the petitioner on 29 February, 1980. On the basis of the pleadings of the parties, issues were framed by the Court on 1 July, 1989. In March, 1990, the petitioner filed an application for amendment of his written statement. It was contended that the amendment was necessitated because of change of circumstances subsequent to the filing of the written statement on 29 February, 1980. The case of the petitioner was that during the pendency of the suit, he himself became the tenant of the suit premises and later, the entire building in which the suit premises was situated being converted into a Co-operative Housing Society, became the owner thereof. He, therefore, wanted to amend the pleadings suitably. The amendment was not allowed by the Court on the ground that it was irrelevant and inconsistent with the earlier pleadings of the petitioner. Aggrieved by the above order, the petitioner has filed this revision application.

(3.) I have carefully considered the facts of the case, the application for amendment and the impugned order. It appears that the suit was filed by the respondent against the petitioner for eviction. The case of the respondent was that the petitioner was inducted by him in the suit premises under an agreement dated 22 May, 1975 as a paying guest. The said agreement was revoked by notice dated 2 March, 1976 and the petitioner was asked to vacate the suit premises but the petitioner failed to do so. Hence the suit for eviction was filed.