IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05/01/2006
CORAM
THE HON'BLE MR.JUSTICE S.R.SINGHARAVELU
CRP.(NPD) NO.2598 OF 2004
AND
C.M.P.NO.19834 OF 2004
1. N.Ramanathan
2. N.Nagarajan .. Petitioners
-Vs-
G.Varalakshmi .. Respondent
Civil Revision Petitions filed under Section 25 of the Tamil Nadu
Buildings (Lease and Rent Control) Act, (Amended Act, 1973) as stated therein.
!For Petitioners .. Mr.N.Venkateswaran
^For Respondent .. Mr.A.Jayabalan.
:O R D E R
This Civil Revision arises against the order dated 29.10.2004 passed
in R.C.A.No.1174 of 2004 by the VIII Judge, Court of Small Causes at Madras,
confirming the order dated 14.9.2004 passed in M.P.No.484 of 2004 in
R.C.O.P.No.139 of 2004 by the XIV Judge, Court of Small Causes at Madras in
receiving the reply statement of the Respondent/ Landlady to which prior
permission was granted on 4.8.2004 in M.P.No.784 of 2004.
2. Based upon the tenancy agreement dated 1.1.1999, the landlady
filed R.C.O.P.No.139 of 2004 on the ground of wilful default, owner’s
occupation and sub-letting made by the tenants. Denying the contentions made
in the petition, the petitioners/tenants filed counter in the month of July,
2004, sating certain particulars in connection with the grounds upon which the
eviction was sought for.
3. Finding that the contentions made in the counter are factually
erroneous, the landlady wanted to file a reply statement and so filed an
application in M.P.No.784 of 2004 seeking permission to file reply statement
and after considering the objections of the tenants filed thereto, the trial
Court granted permission. Subsequently, it is in accordance with the earlier
permission granted, reply statement of the respondent/landlady was received.
That statement was found to contain para-wise repudiation of what are all
stated in the counter of the tenants.
4. Both the Courts below after careful examination of the same found
that there was no contention made in the reply statement of the landlady
inconsistent with that of her statement found in the affidavit of R.C.O.P. It
is pertinent to mention that both the Courts have factually gone into the same
and had given a clear cut finding in that regard. Even the order permitting
the landlady to file reply statement was passed only upon hearing both sides
and upon perusing the contentions made in the application filed by the
landlady seeking permission and the counter filed thereto by the tenants. The
undisputed falsity in the reply statement and subsequent filling up of the
lacuna in the counter filed by the tenants in the application of the landlady,
seeking permission for filing reply statement, were suitably dealt with and
favourable finding was given to receive reply statement. Even while receiving
the reply statement, not only both the counsel were heard, but also both the
Courts below found that there was no plea inconsistent with that of the
original plea made by the landlady. In a similar situation the following
guidelines were framed by the Rajasthan High Court in a case reported in State
of Rajasthan and another vs. Mohammed Ikbal and others AIR 1999 Rajasthan
169:
” a) The plaintiff cannot be allowed to introduce new pleas by way of
filing rejoinder, so as to alter the basis of his plaint.
b) In rejoinder, the plaintiff can be permitted to explain the additional
facts which have been incorporated in the written statement. (c) The
plaintiff cannot be allowed to come forward with an entirely new case in this
rejoinder.”
5. Coming to the case on hand, after having found by both the Courts
below that the plea sought to be introduced by way of rejoinder is not
inconsistent or at variance with the pleas originally taken in the plaint, I
find no merit in this Civil Revision. This Civil Revision fails and is
dismissed accordingly. The order dated 29.10.2004 passed in R.C.A. No.1174
of 2004 by the VIII Judge, Court of Small Causes at Madras, confirming the
order dated 14.9.2004 passed in M.P.No.484 of 2004 in R.C.O.P.No.139 of 2004
by the XIV Judge, Court of Small Causes at Madras in receiving the reply
statement of the Respondent/Landlady to which prior permission was granted on
4.8.2004 in M.P.No.784 of 2004 are confirmed. No costs. Consequently,
C.M.P.No.19834 of 2004 is also dismissed.
Index:Yes
Internet:Yes
gr.
To
1. The VIII Judge, Court of Small Causes, Chennai.
2. The XIV Judge, Court of Small Causes, Chennai.