T SUBBARAMI REDDY Vs. D R RAMASWAMY REDDY

JUDGEMENT

(1.) This revision is filed challenging the order of the learned First Additional District Munsif, Tirupathi dismissing the petition filed for amendment of plaint. Originally this suit was filed by the revision petitioner for a declaration and injunction basing on a lease granted by the Government for ten years from 21-1-81. The defendant has taken a plea that in view of the expiry of the original lease, the suit has become infructuous. Thereupon, the plaintiff filed I.A.1557/92 seeking amendment of the plaint for declaration as to plaintiff's right to enjoy the plaint - A schedule property with absolute rights till he is evicted under due process of law.

(2.) It is submitted that during the pendency of the suit, the Government granted lease in his favour for another period of 10 years and the same is in force.

(3.) The learned District Munsif dismissed the petition for amendment on the ground that the petitioner has not disclosed in the Writ Petition filed in the High Court about the pendency of the suit and has given a wrong declaration that he has not filed any suit. But as rightly contended by the learned counsel for the revision petitioner, the writ petition relates to grant of renewal of lease, by the respondent therein. The defendant in the suit is not a party to the writ petition nor is the prayer in the writ petition identical with the prayer in the suit. Therefore, the declaration given by the plaintiff in the writ petition cannot be said to be wrong because the relief sought for in the writ petition and the relief claimed in the suit are different.