BIJAY KUMAR JAIN Vs. BANWARILAL AGARWALA

JUDGEMENT

(1.) AGGRIEVED by order dated 06.02.2014 in Title (Eviction) Suit No. 01 of 2011 whereby, application for amendment in the plaint has been allowed, the present writ petition has been filed.

(2.) THE petitioner is defendant in Title (Eviction) Suit No. 01 of 2011. The suit was filed for ejection of the defendant from the suit schedule property comprised in Plot No. 467, Khata No. 4 admeasuring about 22 decimals. The plaintiff asserted that his wife is absolute owner of 22 decimals of land over which the defendant constructed one big shed with two big rooms, six staff quarters and a ground -well. The suit property was given to the defendant on monthly rent and, licence agreement was also executed between the parties. The suit was filed on the ground of default in payment of rent and for a decree of arrears of rent. The defendant filed written statement denying relationship of landlord and tenant. The defendant took a plea that the suit premises came in his possession by virtue of an agreement to sale for which he paid consideration amount of Rs. 10,80,000/ -. In the pending suit, an application under Order VI Rule 17 C.P.C. was filed on 01.03.2012 which has been allowed vide impugned order dated 06.02.2014. Aggrieved, the petitioner has approached this Court.

(3.) MR . A.K. Das, the learned counsel for the petitioner submits that, through amendment application dated 01.03.2012 the plaintiff sought to change the schedule of the suit property which cannot be permitted after the defendant filed written statement. The suit was instituted for eviction of the defendant from the suit schedule premises which comprised only 22 decimals land whereas, through amendment application dated 01.03.2012, the plaintiff increased the area of the suit schedule property to 91 decimals. It is contended that the effect of the amendment in plaint is that the nature and character of the suit itself has been changed.