S BABURAO Vs. V SURYANARAYANA

JUDGEMENT

(1.) The plaintiff in O.S.No.304 of 1984 on the file of the Additional District Munsif's Court, Anakapaili, is the petitioner who is challenging an order refusing amendment to the plaint.

(2.) The petitioner-plaintiff filed the suit for recovery of rents against the respondents who are his tenants. The respondents took the stand that the petitioner has no title and that there is no reiationship of tenant and landlord between them. In view of the denial of title by the respondents, the petitioner was constrained to file an application for amendment of the plaint seeking the relief of declaration of title to the plaint schedule property. The respondents opposed the said application under three counts. Firstly, inasmuch as the proposed amendment ousts the jurisdiction of the Court; secondly, it changes the form and cause of action of the suit; and thirdly, the relief of declaration of title has been barred by time and as such, the amendment cannot be permitted.

(3.) The lower Court has found that there is no change in the form of the suit or cause of action. But, however, the objection regarding the question of limitation was upheld, holding that the suit would be barred by time in respect of the proposed relief of declaration. It also found that by allowing the proposed amendment, the Court would lose the jurisdiction to entertain the suit. Accordingly, the application for amendment was rejected. Challenging this order, the petitioner filed the above revision petition.