This civil revision petition arises out of order dt.21.06.2017 in I.A. No.10 of 2017 in O.S. No.1772 of 2011 on the file of the I Additional Senior Civil Judge, Visakhapatnam.

2. The petitioner filed the aforementioned suit for the following reliefs:

Therefore, the plaintiff humbly prays that the Honourable Court may be pleased to pass a decree and judgment in her favour and against the defendant for;

(a) To direct the defendant to vacate the schedule premises and deliver vacant possession of the same to the plaintiff in good condition as was given to the defendant;

(b) To direct the defendant to pay Rs.54,000/- (Rupees fifty four thousand only) towards damages for unauthorized use and occupation from January 2011 to September together with subsequent interest @ 24% p.a. from the date of suit till realization.

(c) To direct the defendant to pay future damages at the rate of Rs.6,000/- per month from October 2011 till delivery of the schedule property;

(d) For costs of the suit and

(e) Such other relief or reliefs as the Honourable court may deem fit and proper under the circumstances of the case.

The petitioner has valued the suit for the purpose of court fee and jurisdiction, as under:

3. After the case was reserved for judgment, and was subsequently reopened suo motu on the second occasion, the petitioner filed I.A. No.10 of 2017 under Order VI Rule 17 of the Code of Civil Procedure, 1908 (CPC) for permission to carry out amendments to paragraphs V and VI of the plaint, as under:

“Para No. V Amendemnts.

V. Value of the suit for the purpose of Court fee and jurisdiction is Rs.10,60,500/- and a Court fee of Rs.14,992/- is paid thereon under Section 29 and 20 read with Article 1(b) and (c) of the A.P.C.F. & S.V. Act, 1956.

DETAILS OF VALUATION

Earlier the petitioner paid C.F. of Rs.5332/- the balance CF of Rs.9,660/- will be paid after allowing of this Application.

Para No. VI Amendments

VI. The plaintiff therefore prays for a decree against the defendants for :

(a) Ejection of the Defendant and their men with all their bag and baggage from the suit schedule Flat and deliver vacant possession of the same to the Plaintiff.

(b) Payment of Damages of Rs.54,000/-

(c) Payment of Mesne profits by the Defendant from the date of their highhanded and unauthorized occupation, either to be ascertained by this Honourable Court in the suit or by appointment of an Advocate Commissioner.

(d) Cost of this suit; and

(e) Such other and further relief or reliefs as your Honourable Court may deem fit, proper and necessary in the circumstances of the case.

4. The respondent filed a counter affidavit wherein she has denied the ownership of the petitioner by taking the plea that the suit schedule property was purchased by her father-in-law, who is the husband of the petitioner, and kept ostensibly in the latters name. It was further averred that though the said stand was clearly taken in the written statement, no steps were taken for amendment of the plaint till the trial was completed and that