MODI STEEL Vs. MANMOHANLAL AGRAWAL

JUDGEMENT

(1.) THE plaintiffs (respondents herein) brought a suit against the defendants (petitioners herein) for recovery of possession of a house on the revetments that the defendants were in occupation of the house as tenants on a rental of Rs 200/- per mensem and that they were liable to be evicted because hey had made material alterations in the building and also because the plaintiffs enquired the premises reasonably and bone fide for their own use and occupation. THE plaintiffs also mentioned that the defendants were in arrears of rent to the extent of Rs. 500/- and prayed for recovery of this amount. THE suit was valued for purposes of court fee and jurisdiction at (i) Rs. 2400/- (one year's rent as per the requirement of section 41 (2) of the Rajasthan Court Fees and Suits Valuation Act, 1961) in respect of the relief of possession based on the cause of action of a suit for eviction by a landlord against his tenant and (ii) Rs. 500/- in respect of the cause of action for recovery of rent. THE consolidated plaint praying for the twin relief of possession & recovery of money was instituted in the court of lowest grade (i. e. Munsif) having a pecuniary jurisdiction extending upto a maximum amount of Rs. 5,000/ -.

(2.) DURING the pendency of the suit, the defendants ran into arrears of rent from April 16, 1976 to December 31, 1979. The plaintiffs sought and obtained from the Munsif an order under Order VI Rule 17 C. P. C. granting leave to the plaintiffs to amend the plaint adding therein an additional ground of eviction, viz. , non-payment of rent for a period of more than 6 months, and recovery of additional arrears of rent for the aforementioned period amounting to Rs. 8900/ -. The valuation clause in the plaint was also amended in respect of the relief of recovery of money inasmuch as the valuation in that behalf was altered from Rs. 500/- to Rs. 9400/-and aggregate valuation was thus increased to Rs. 2400/- + Rs. 9400, in all Rs. 11800/ -. The amended plaint was filed on December 22,1979.

(3.) AGGRIEVED by the order dated, July 15, 1982, passed by the Munsif, the defendants have filed this petition for revision under section 115 C. P. C. for its reversal and for an order directing the trial court to return the amended plaint to the plaintiffs for presentation to the proper court.