LEKHA MASHI NAYA PATEL Vs. GOPAL BAGLA

JUDGEMENT

(1.) An order allowing an amendment of plaint in Title Suit No. 130 of 1982 by the Tenth court of civil Judge, Senior Division, Alipore forms the sub-ject matter of challenge in the present revisional application under section 115 of CPC.

(2.) The plaintiff opposite party filed the suit for recovery of possession of a premises together with plants and machineries described in the plaint schedule and also for arrears of rent and damages.

(3.) The plaintiff's case in substance was as follows. The plaintiff was a land-lord in respect of a piece of land measuring more or less 5 bighas with three corrugated iron structures at 63, Belgachia Road where he erected several machinery for running a saw Mill. Two big structures standing on a portion of the said land were partition in two halves which stands allotted to two tenants. By an agreement entered into by and between the plaintiff and defendants on 3rd November, 1970 the plaintiff let out to the defendants on rent and hire some of those structures and machinery at a rent cum hiring charges of Rs. 500/- per month from November, 1970 which was subsequently raised to Rs. 600/- per month from October, 1971 with provisions for further increase. Under the terms and conditions of that agreement, the defendants ware to keep the machines in good running conditions and hand over their possession in such condition to the plaintiff upon the termination of the agreement. The defendants are not to make any additions or alterations of the existing structures without the consent of the plaintiff. The rate of rent was subsequently increased to Rs. 700/- by mutual consent. Without the knowledge and consent of the plaintiff the defendants affixed some other machineries in violation of the terms of the contract which caused damages to the plaintiff's properties. Some time in April, 1981, the plaintiff pointed out to the defendants that due to want of proper repair and maintenance the structures, plant and machinery leased out to the defendants were fast deteriorating for which the plaintiff proposed to increase the rate of rent to Rs. 3000/- per month. The dendants accepted the proposal and agreed to the enhancement of rent to Rs. 3000/- per month from April, 1982 onwards subject to the condition that from May, 1981 to March, 1982 it would be fixed at Rs. 1,000/- per month. But the defendants had defaulted in payment of rent at the agreed rates from January, 1982 to November, 1982. The plaintiff reasonably requires the possession of the land and structures the godown and the machinery and plants let out to the defendants for the purpose of carrying on business by himself and/or by his son who is now sitting idle. The defendants having violated the terms of the agreement in many respects, the plaintiff by lawyer's notice dated 17th May, 1982 forfeited the defendants' rights and interests in the premises and determined the defendant's tenancy on the expiry of November, 1982 giving them notice to quit and deliver vacant and peaceful possession of the premises on the expiry of the month of November, 1982 but to no effect. The defendants have caused damages to the plaintiff's properties such as demolition of the pucca boundary wall, pucca godown, corrugated iron structures, iron railing etc. Moreover, in violation of the terms and conditions of the aforesaid agreement the defendants were using and occupying for the purpose of trade and business some vacant land which was not meant for being used or intended to be allowed to be used gratutiously. Such vacant land would cover an area of 15574 sq. ft. for wrongful occupation of which the plaintiff has been suffering damages at the rate of Rs. 15,574 per month. The damages so suffered upto 7th July, 1986 would amount to Rs. 2,89,482/-.