P. RAMACHANDRA RAJU, J.

( 1 ) THE plaintiff filed the suit for eviction of the respondent-defendant and for recovering certain amount as arrears of rent. As the defendant denied the tenancy, the plaintiff applied for amendment of the plaint seeking relief of possession and for recovering the amount in the alternative as damages for use and occupation. In the proposed amendment he valued the property at Rupees 7,000/- and for purposes of court-fee, he valued the property at Rs. 5, the learned district Munsif refused to allow the amendment on the ground that the scope of the suit will be altered and that the amendment was applied for when the suit reached the stage of trial. The plaintiff who initially filed the suit on the basis that the defendant was a tenant sought the amendment to recover possession of the property on the basis of title. The plaintiff has not put forward any new case. He is only asserting his title to the property and the only asserting his title to the property and the only effort he was making was that even if the defendant is not a tenant, the defendant has to deliver possession of the property in favour of the plaintiff and pay the amount as damages for use an

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