D SAMBASIVA RAO Vs. MANYAM VEERA VENKATA SATYANARAYANA

JUDGEMENT

(1.) This Civil Revision Petition arises out of order dated 29.10.2011 in I.A. No. 2556 of 2011 in A.S. No. 61 of 2011 on the file of the learned District Judge, Rajahmundry. The petitioner is the appellant in the above mentioned appeal. The appeal was filed against the judgment and decree in O.S. No. 271 of 2005 on the file of the learned Principal Junior Civil Judge, Rajahmundry.

(2.) The respondent filed the said suit for eviction of the petitioner from the suit schedule property and deliver vacant possession thereof and also for award of Rs. 10,000/- per month towards damages for illegal use and occupation from 1.3.2005 till delivery of vacant possession and for suit costs. The petitioner filed I.A. No. 2556 of 2011 in the appeal for leave of the Court to file additional written statement. It is the pleaded case of the petitioner that even though in the written statement, he has averred that the suit is not maintainable in law, no specific plea was raised that out of the sum of Rs. 6500/-, which was agreed to be paid by the petitioner towards rent from 1.3.2004, the component of rent payable was only Rs. 3,000/- and that the balance amount represents the amenities etc., and that therefore the Civil Court has no jurisdiction to entertain the suit for eviction.

(3.) The lower appellate Court on a detailed consideration of the facts of the case, held that the petitioner failed to assign convincing reasons for filing the application for amendment of written statement at the stage of appeal.