Kamal Singh Jain vs Zahidur Rahman and Others

Nagendra Rai, J.—This application is directed against the order dated 17.2.1998 passed by the 1st Additional Munsif, Araria in Eviction Suit No. 1 of 1994 by which he has allowed the amendment prayed for on behalf of the Plaintiff opposite parties.

Heard the counsel for the parties.

Plaintiffs-opposite parties filed a suit for eviction on two grounds namely expiry of the term of lease and damage of the building. By the proposed amendment they want to add one more prayer i.e. eviction is also sought on the ground of personal necessity and he also prayed that the prayer for eviction on the ground of damage of the building should be deleted. The Court below allowed the same.

Counsel for the Petitioner submitted that if this amendment will be allowed it will take away the valuable right of the Petitioner to file appeal and second appeal. He also submitted that the nature of the suit would change by the amendment which has been allowed. In my view, both the submissions are devoid of any substance. In a case of personal necessity and expiry of lease a special procedure u/s 14 of the Bihar Buildings (Lease, Rent and Eviction) Control Act has been provided. Earlier the suit was filed by the Plaintiffs only on the grounds which were to be disposed of by following the general procedure as provided under Code of Civil Procedure. Now the Plaintiffs by the amendment has confined his prayer to the aforesaid two grounds which has to be tried by following the procedure u/s 14(4) of the aforesaid Act, where it is provided that in a case on the aforesaid two grounds special procedure provided u/s 14 of the Act has to be followed and, as such, Defendant cannot be said to be prejudiced in any way. Withdrawal and addition of ground for eviction cannot be said to be changing the nature or basic structure of the suit. On the other hand, the same is necessary to shorten the litigation between the parties. Accordingly, there is no merit in this application and the same is dismissed.

It appears that leave to contest the suit has already been granted. The Court has directed the Defendant to file written statement. They should file written statement and thereafter the matter has to be disposed of accordingly.