IFTEKHAR ALI Vs. HAFIZUDDIN

JUDGEMENT

(1.) THIS miscellaneous appeal is directed against the order dated 10th March, 1999 in Civil Appeal No. 10A/98 by District Judge, Bhopal setting aside the judgment and decree dated 28.8.1998 by Thirteenth Civil Judge Class -II, Bhopal and remanding the case for retrial by the trial Court. The relevant facts necessary for the disposal of this appeal stated in brief are ~ that the plaintiffs/respondents filed a suit for eviction on various grounds under section 12(1) of the M.P. Accommodation Control Act 1961 (hereinafter referred to as the 'Act' for short) against the defendant -appellant. The suit was initially decreed. An appeal was preferred by the defendant -appellant which was allowed and the case was remanded for re -trial. The trial Court again tried the case and dismissed the suit by judgment and decree dated 28.8.1998.

(2.) THE plaintiffs -respondents preferred the appeal. In the said appeal the plaintiffs -respondents also filed an application for amendment taking an alternative plea that in case, it is held that the defendant -appellant is not his tenant in the suit premises then he should be treated as licensee in the suit premises and a decree for possession on that count be granted in favour of the plaintiffs.

(3.) LEARNED counsel for the defendant -appellant submitted that the alternative plea as raised by the amendment by the plaintiffs -respondents would change the nature of suit and, therefore, the application for amendment as above should have been dismissed and the appeal should , have been decided on its merits. It was, therefore, submitted that the remand of the case was not justified.