SWAMI VIVEKANAND SHISHU MANDIR Vs. FEHMIDA BEGAM

JUDGEMENT

(1.) THIS is a revision by the defendants against the order dated 15-12-2000 of the Second Additional District Judge, Second in Civil Suit No. 43-A of 2000 by which plaintiff's application under Order 6 Rule 17, CPC for amendment in the plaint has been allowed.

(2.) THE plaintiff instituted the civil suit in the year 1993 for eviction of the defendants under Section 12 (1) (a) and (e) of the M. P. Accommodation Control Act, 1961 and for arrears of rent. In the plaint description of the defendant No. 1 is "swami Vivekanand Shishu Mandir through Secretary, Raghuraj Singh Baghel". It was pleaded that the suit accommodation had been let out to the defendants for running a school by the predecessor-in-title of the plaintiff and it is required bona fide by her for occupation as a residence for herself and for the members of her family. The suit was being contested by the defendants. Both the parties adduced their evidence. Their arguments were heard and the case was closed for judgment.

(3.) THE plaintiff submitted an application on 15-11-2000 under Order 6 Rule 17, CPC for amendment in the plaint. Through the proposed amendment the plaintiff wanted to correct the description of the defendant No. 1. After the words "swami Vivekanand Shishu Mandir" the words "swami Ramkrishna Param Hans Bal Kalyan Samiti, Seoni" were sought to be added. Through this amendment the plaintiff further wanted to plead that the suit accommodation is required bona fide by her for carrying on the business of a hotel and also for the business of her two sons. These proposed amendments were objected to by the defendants but these have been allowed by the Trial Court by the impugned order on payment of Rs. 750/- as cost.