RAMESH CHANDRA Vs. RAJESH KUMAR

JUDGEMENT

(1.) THIS revision is directed against the order of allowing the amendment filed by non -petitioners 2 and 3, i.e. the plaintiffs. In the eviction suit under the amendment, they have incorporated a further ground of the denial of their title by the petitioner -tenant. The title of the plaintiffs was denied by the petitioner in his written statement.

(2.) 1984 MPWN 470) to contend that the ground of eviction ought to exist at the time of filing of the suit as section 12 (1) of the M.P. Accommodation Control Act, 1961 has been so worded. He contends that the ground which did not exist at the time of filing of the suit cannot be taken by the plaintiffs subsequently during the pendency of the suit.

(3.) IN view of the Apex Court's decision, the authority cited by Shri K.N. Gupta stands impliedly overruled. Since the Apex Court has held that the denied of the title by a tenant in the written statement would be a ground available to the plaintiff for his eviction under the M.P. Accommodation Control Act. It is no longer in dispute that the disclaimer of title of landlord effects his interest adversely and would be a ground under section 12 (1) (c) of the Act.