- (1.) THIS is a revision application under the provisions of section 115 of the Code of Civil Procedure against an order dated 7th October, 1963, of a Judge of the Small Cause Court at Poona, rejecting the petitioner's application for amendment of the plaint in a suit filed by them against their tenants for eviction.
(2.) THE facts leading to this matter are that the petitioners have filed a suit for possession of certain premises consisting of three plots, included in premises at 38, Shankar Shet Road, Poona. The petitioners claim to be the owners of this property and they let it out to the respondents on 22nd August, 1946, for a period of 20 years under a registered lease deed and that the standard rent of the premises is Rs. 500 per mensem. The petitioners allege that the respondents are in arrears of rent and have not complied with a notice under section 12 (2) of the Bombay Rent Act. The claim of the petitioners has been opposed by the respondents on various grounds.
(3.) ON 3rd July, 1963, the petitioners made an application to the trial court for amendment of the plaint by adding two grounds for ejectment, namely, that the respondents had not been using the suit property for a period exceeding six months for the purpose for which it was let and they also wanted to include permitted increases in their money claim. This application was rejected on 7th October, 1963. Thereafter, the petitioners filed a revision application under section 29 (3) of the Bombay Rent Act in the District Court at Poona. Curiously, this revision application was returned to them on 9th June, 1963, for presentation to the proper court. Under section 29 (3) of the Bombay Rent Act, it is the District Court which is the proper court. Instead of pursuing that revision application further, on 15th June, 1964, the petitioners filed the present revision application in this court. As in any event this court had the power to call for the record and proceedings of the lower court and to examine whether the lower court had failed to exercise jurisdiction vested in it by law, I condoned the delay in making the application and I have heard the application on merits.;