JAI CLINIC AND NURSING HOME Vs. BEENA AGRAWAL

JUDGEMENT

(1.) THIS writ petition is directed against the order dated 1. 11. 2004 passed by the Trial Court on the application moved on behalf of the plaintiff respondents under Order 6 Rule 17 CPC read with Section 151 CPC by which the amendment has been allowed.

(2.) THE case of the petitioners is that since the plaintiff respondent No. 1 and 2 filed a civil suit for eviction of property under the provisions of Rajasthan Premises (Control of Rent and Eviction) Act 1950 stating therein that the petitioners are tenant in their premises and the premises was let-out to them in the year 1985 on the agreed rent of Rs. 6000/- p. m. and in the rent note there was the condition that after expiry of every two years the 10% of the rent will be increased. As per this clause at the time of filing of suit the agreed rent was Rs. 9663/- and in the year 1997 it was further enhanced at the rate of 10% the tune of Rs. 10,630/- pursuant to the agreement dated 11. 6. 85.

(3.) BY seeking aforesaid prayer the plaintiff has asked for mens profit and as the amendment is allowed by the Trial Court for fixing the standard rent, will be contrary to the prayer sought in the suit for mens profit i. e. with regard to the mens profit. In view of this also the amendment, which has been allowed is contrary to the provisions.