A V S CHANDRAMOULESWARA RAO Vs. TULASI VENKATESWARLU

JUDGEMENT

(1.) This revision under section 115, Civil Procedure Code by the plaintiff is directed against the decree and order of the Additional District Judge, Krishna, at Machilipatnam, passed in I. A. No. 1543 of 1975 in A.S. No. 29 of 1973 dated 22nd March, 1977 by which the lower Court dismissed the application filed by the petitioner seeking amendment of the plaint.

(2.) The above revision arises from out of an application filed by the petitioner before the Court below under Order 6, rule 17, Civil Procedure Code, read with section 151 of the Code of Civil Procedure requesting the Court below to amend the plaint.

(3.) The suit giving rise to the above application was instituted by the petitioner for recovery of an amount of Rs. 6,000 representing rent for the year 1968-69 from the defendant based upon a tenancy. The case of the petitioner was that the defendant took on lease the suit land comprising an extent of Ac.17-00 on a rental of Rs. 6,000 per annum. The defendant entered into possession of the land under the above lease agreement, cultivated the same for the year 1968-69, but there was no proper lease deed executed, the defendant admitted that he entered into possession of the land under the lease agreement which was not registered. He also pleaded that there was no properly stamped lease-deed. The trial Court held that due to the absence of registration and stamp duty, the written lease deed cannot be taken into consideration but, nevertheless, granted a decree for a reduced sum of Rs. 1,884 only on the ground that the amount was due to him by way of damages for use and occupation. The trial Court thus decreed the suit. The plaintiff, thereafter, filed an appeal A. S. No. 26 of 1973 on the file of the District Court, Machilipatnam, The defendant filed cross-objections questioning the decree awarding Rs, 1,884 in favour of the petitioner towards damages for use and occupation. It is at that stage, I. A. No. 1543 of 1975 was filed by the plaintiff before the lower appellate Court seeking the amendment in paragraph 9 of the plaint in the following terms : "and from 1st April, 1968 alternatively when the defendant was entered into possession of the land and was occupation of the same and making use of it for himself and thereby depriving the plaintiff from its use and occupation causing damages to him for the year 1968-69." In paragraph 10 after clause (6) the following sentences are to be added : "alternatively for damages for use and occupation for the year 1968-69 the plaintiff values the relief at Rs. 6,400." In paragraph 12 clause (a), the following sentences are to be added: "either by way of rental or by way of damages for use and occupation."