MINATI SARKAR Vs. SIBATOSH CHAKRABORTY

JUDGEMENT

(1.) The competence of the Court to allow an application for amendment of plaint, which if allowed would result in ouster of the pecuniary jurisdiction of the Court where the suit is pending is the issue falls for consideration in the present application under Article 227 of the Constitution of India.

(2.) The connected Ejectment Suit No. 411 of 2009 has been valued at Rs. 12,000/- being the rent for the twelve months at the rate of Rs. 1,000/- per month and has been filed in the First Court of learned Civil Judge (Junior Division) Alipore, District-24 Parganas (South) having territorial and pecuniary jurisdiction over the said suit.

(3.) The plaintiff, the opposite party herein, filed an application in the said suit seeking amendment of the plaint inter alia for inclusion of a further claim in the suit for a decree of mesne profit and/or damages at the rate of Rs. 20,000/- for mensum with effect from the expiry of the period stipulated under the eviction notice determining the tenancy till the recovery of possession of the suit property, which has been assessed at Rs. 1,32,000/- as on the date of filing of the application for amendment.