RAMDAS CHIMANLAL PANCH RATNA Vs. KUSUMBAI RADHESHYAM

JUDGEMENT

(1.) THIS revision by the plaintiff is directed against the order dated 6-1-1977 passed by the III Civil Judge, Class II, Indore in Civil Suit no. 55-A/76.

(2.) THE plaintiff-applicant filed the present suit for ejectment and arrears of rent against the original defendant Radheshyam. The ejectment was sought on the ground that the plaintiff required the suit non-residential accommodation for starting radio repairing shop for his son Sureshchandra. The defendant denied the plaintiff's requirement. During the pendency of the suit the defendant died and the non-applicants were brought on record as his legal representatives. Thereafter on 15-11-76 the plaintiff submitted an application under Order 6, rule 17 of the Code of Civil Procedure for amendment of his plaint. By the proposed amendment the plaintiff wanted to plead that the non-applicant No. I has illegally sublet the suit premises with effect from 1-11-76 and has parted with possession thereof in favour of Jay Tailors. The plaintiff, therefore, wanted to claim ejectment on the ground of unlawful sub-letting also. The application for amendment was opposed by the non applicants. The trial Court has disallowed the amendment on the ground that the unlawful sub-letting as a ground of ejectment was not in existence on the date of the filing of the suit and, therefore, it cannot be made a ground for ejectment under law. The plaintiff has challenged this order in this revision.

(3.) IT was contended on behalf of the applicant that the shop was sublet after the suit was filed and therefore, the amendment was based on a subsequent event and should have been allowed. Reliance was placed on the decisions in lakhmichand Kasliwal v. Gopaldas Nikhara, (1978 M P L J 520.), Pasupuleti Venkateswarlu v. The motor and General Traders, (A I R 1977 Cal. 49.), Jitendra Math Das v. Dr. Kalyan Kr. Benerjee and another, (AIR 1977 Cal. 49.), Avesha Khatoon v. Durga Sahava, (AIR 1977 Cal. 108.) and Pronati Mitre v. Sachindra nath Chatterjee, (AIR 1977 Cal. 409. ).