NIRMALA KISPOTTA Vs. NANKI TIGGA

JUDGEMENT

(1.) THE petitioner, by way of present writ petition under Article 227 of Constitution of India, has prayed for issuance of an appropriate writ, order and direction for setting aside the order dated 12.08.2009 passed by Additional Munsif -I, Ranchi in Eviction Suit No. 36 of 2006. Whereby the amendment petition tiled by the respondent/plaintiff under order VI, Rule 17 of the Code of Civil Procedure was allowed The learned counsel For the petitioner submitted that the court below has failed to appreciate that the suit was filed under the provision of Bihar buildings (lease, Rent & Eviction) Control Act, 1982 hereinafter referred to (the Act) for eviction and the nature of amendment is in respect of the right, title and interest in the property in question and therefore the said amendment cannot be allowed in view of the decision rendered by the Hon'ble Apex Court in the case of Rajendra Tiwari vs. Basudeo Prasad & Anr. ( : 2002 (1) J.C.R. 1. (S.C.)). learned counsel for the petitioner further submitted that the entire nature of the suit is likely to be chanced and, therefore, the amendment, as sought for by the original plaintiff should not be allowed.

(2.) LEARNED counsel for the respondent, while supporting the order passed by the Court below, submitted that the court below has not committed any error by passing the said order and in support of the contention, learned counsel for the respondent has referred to and relied upon the judgment of the Hon'ble Apex Court in Rajesh Kumar Aggarwal Vs. K.K. Modi & ors. ( : 2006 (4) SCC 385). Learned counsel for the respondent has mainly referred paragraphs 14 to 19 of the said judgment. Learned counsel for the respondent has also referred to and relied upon the judgment delivered in the case of Champa Lal Sharma Vs. Smt. Sumita Maitra ( : 1989 PLJR 381) mainly para 18 in support of his submission.

(3.) MOREOVER , the learned counsel appearing for the respondent (original plaintiff) submitted during the course of argument that the plaintiff wants to convert the present suit as title suit and in view of the amendment allowed by the court below. Accordingly, the suit will be converted into a Regular Suit of title and the other side will get an opportunity to file written statement if required so as to defend the amended suit. I also perused the judgment cited by the learned counsel for the petitioner in the case of Rajendra Tiwari Vs. Basudeo Prasad & Anr. (Supra) wherein the Hon'ble Apex Court, while dealing with the case in hand held that in Eviction proceedings the enquiry with regard to title of the plaintiff in respect of property in question cannot be made. But in view of above position the nature of suit will be changed and the same shall not: remain as suit for Eviction. Therefore, the above referred judgment will not help to the petitioner.