PRABHAKAR KASHINATH YAGI Vs. MOHAN GANGADHAR PARTANI

JUDGEMENT

(1.) The respondent-plaintiffs filed Civil Suit No. 448 of 1997 in the Court of Small Causes at Pune against the petitioner-defendant for recovery of possession under the provisions of the Bombay Rent Act in June 1997. On 15th October 1997 the petitioner-defendant filed his detailed written statement. On 27.3.1998 the respondent-plaintiffs filed an application for amendment of pleadings which was opposed by the petitioner. By an order dated 4.7.1998 the learned Judge allowed the amendment. In fact, on 4.7.1998 itself the respondent-plaintiffs amended the plaint. The said order of allowing the amendment is challenged by way of this revision petition.

(2.) After having read the plaint, it is clear that one of the reasons for seeking possession is that the demised building cannot be repaired. Although it is dilapidated, the tenant is occupying the premises. Another ground was that the defendant was not using the premises for a period of six months prior to the suit. It is also alleged in para 5 of the plaint that the defendant-tenant has acquired a very big flat elsewhere. It is also alleged that the defendant-tenant is causing nuisance and annoyance.

(3.) During the pendency of the suit, the plaintiffs made an application for amendment of the plaint by stating that the defendant-tenant has also purchased a plot of land in the name of his wife and son and has constructed a big bungalow which is vacant and, therefore, the plaint be amended by incorporating the aforesaid facts.