URMILA DEVI Vs. NITYANANDA LAL DAS

JUDGEMENT

(1.) The petitioners question the propriety of an order of amendment by which the subsequent event of the petitioners herein having lost the protection under Sec. 2(g) of the West Bengal Premises Tenancy Act, 1997 was permitted to be incorporated.

(2.) According to the petitioners, since the suit is for eviction of a tenant and the suit, upon the amendment, becomes one for eviction of a trespasser, the amendment has to be regarded as having changed the nature and character of the suit and, thus, impermissible.

(3.) The order impugned is well-reasoned and refers to the appropriate provisions of the statute. The trial court has also indicated that the amendment pertains to the relief that had already been claimed.