T SHUKRA MOHAN Vs. T N G NAIR

JUDGEMENT

(1.) This revision is directed against the order dated 30-11-1992 passed in I.A.No. 164/92 in O.S.No.39/83 on the file of the Subordinate Judge, Nizamabad, refusing to amend the decree and judgment passed in O.S.No.39/83, dated 26-4-1990.

(2.) The facts, in brief, resulting in filing of this revision petition are as follows: The revision petitioners herein are the defendants and the respondent herein is the plaintiff in O.S.No.39/83 and O.S.No.40/83. The suit O.S.No.39/83 was filed to recover a sum of Rs. 17.040-50 and O.S.No.40/83 was filed for recovery of a sum of Rs.31,500/- towards arrears of rent. Both the suits were clubbed together, common trial was held and they were disposed of by a common judgment, dated 26-4-1990. In view of the respective pleadings in both the suits, the trial Court formulated separate issues in both the matters. In O.S.No.39/83 (as we are concerned with this suit alone), the following issues were settled for trial: 1. Whether the suit agreement is executed by the defendant and the same is valid and binding ? 2. Whether the plaintiff is entitled to the suit amount ? 3. To what relief ? As stated earlier, both the suits were clubbed together and they were disposed of by a common judgment. On issue No.1, in O.S.No.39/83, a finding is given in para 9 of the judgment as under:

(3.) While dealing with the issues relating to the reliefs granted to the plaintiff in both the suits, (i.e., on issue No.3 in O.S.No.39/83 and issue No.5 in O.S.No.40/83), the trial Court in para 13 held thus :