KESHVDAYAL SHARMA Vs. HARISHCHANDRA

JUDGEMENT

(1.) This is a revision by the defendant-tenant against the order dated 15.9.1967, passed by the IV Civil Judge Class II, Gwalior, in Civil Suit No. 147-A of 1965, allowing the plaintiff-landlord to plead one more ground of eviction under Section 12(1)(i) of the M.P. Accommodation Control Act, 1961, which had not been pleaded in the original plaint.

(2.) The respondent filed the suit for eviction on two grounds, namely, non-payment of arrears of rent despite a demand notice as per Section 12(i)(a) of the Act and bonafide need for personal residence as per Section 12(1)(e) of the Act. The cause of action for eviction was said to have arisen on 1.8.1964 after a quit notice had been duly issued. The suit was tried on the pleas raised and almost at the end of the trial when the defendant was at the stage of completing his evidence, the amendment application was filed on 21.8.1967. It is to be noted that the said suit had been filed on 11.9.1964 and this amendment was sought at the last stage of the trial.

(3.) The trial Judge allowed the amendment on the finding that it did not change the nature of the suit. However the trial judge failed to see thatthe amendment was unduly belated and had been filed almost at the end of the trial and there was no allegation by the respondent that he was unaware of the trial facts. A vague allegation was made that the plaintiff came to know of the facts relating to the grounds under Section 12(1)(i) of the Act very recently. Even the probable date or month was not mentioend. As such the amendment could not be said to be bonafide and moreover, it would necessitate reopening of the entire trial right from the stage of pleadings.