KRISHNA PADA ALIAS KESTOPADA SANTRA Vs. GUNADHAR MANNA

JUDGEMENT

(1.) THE judgment of the Court was as follows:-The Title Suit No. 191 of 1996 was instituted by the plaintiff-petitioner before the learned Civil Judge (Junior Division), 1st Court, Sealdah for eviction against the opposite party under the West Bengal Premises tenancy Act, 1956 on the ground of default, nuisance and annoyance, and reasonable requirement.

(2.) IN the plaint of the suit the plaintiff averred that the plaintiff inherited the suit property on the death of his father who was formerly a recorded thika tenant in the premises No. 14/2 (now renumbered as B/14/2/h/1), narkeldanga North Road under P. S. Narkeldanga, Kolkata - 700 011; and the defendant was a monthly tenant under the plaintiff in respect of 1 R. T. Shed in the same premises at a monthly rental of Rs. 30/- payable according to English calendar month. In Paragraph-5 of the written statement the defendant averred that "the premises is a thika property and let out to different tenants for only income". In Paragraph-7 of the written statement the defendant said that the plaintiff introduced him to be the landlord on the death of his father who was said to be a thika tenant.

(3.) WITH the pleadings as above the parties went to the trial. During the pendency of the suit the defendant took out an application under order 6 Rule 17 C. P. C. to amend the written statement to delete what was stated in Paragraph-5 of the statement. The Paragraph-5 of the written statement contained an averment that the premises is a 'thika property' and the said words were sought to be deleted by amendment with the substitution of the words "a rental premises tenancy of the plaintiff under the landlord -owner and this defendant is a premises tenant of the second decree under the plaintiff",