A lessee's right to seek recovery of possession and the permissibility of amending pleadings to include new reliefs.

JUDGMENT

(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, prays to set aside the fair and decretal order dated 16.02.2021 passed in I.A.No. 455 of 2018 in O.S.No. 54 of 2016 on the file of the learned District Munsif, Pollachi.)

1. The revision petitioner herein is the defendant and the respondent herein is the plaintiff in the suit in O.S.No.54 of 2016.

2. The suit in O.S.No. 54 of 2016 was filed by the respondent herein praying for the relief of declaration to declare that the notice dated 25.01.2016 in Na.Ka.No.8736/A6 issued by the defendant/Municipality is unsustainable and for consequential permanent injunction restraining the defendant/Municipality in any manner interfering with the plaintiff''s peaceful possession and enjoyment of the suit property.

3. According to the respondent/plaintiff he was inducted as a lessess by the defendant/Municipality on 04.09.1990 even according to the plaintiff the lease was only for a period of four months 01.11.1990 to 31.03.1991 on a daily rent of Rs.20/-. According to the respondent/plintiff he is running a Tiffin Stall in the name and style of Sattar Hotel from 1990 till the date of instituting the suit. During the year 2008 a notice dated 11.12.2008 was issued calling upon the plaintiff to vacate the premises in question. However, no further action was taken. Thereafter, in the year 2013 the defendant/Municipality attempted to evict the plaintiff from the possession and therefore, the respondent/plaintiff has filed a W.P.No.32685 of 2013 before this Court in which a direction was issued to the defendant/Municipality to consider his claim of the respondent/plaintiff by following due process of law. Pursuant to the order dated 10.12.2015 passed by this Court, the defendant/Municipality issued the notice dated 25.01.2016 calling upon the plaintiff to remove the superstructure and handed over the vacant possession to them within fifteen days. Aggrieved by the notice dated 25.01.2016 the respondent/plaintiff instituted the suit.

4. The suit was resisted by the defendant/Municipality by filing counter. According to the defendant, the notice dated 25.01.2016 was issued in compliance with the principles of natural justice and taken up in order to in question by the plaintiff. In fact, in the plaint, the plaintiff gone into the title and ownership of the defendant/Municipality the fact remains that the defendant is the owner of the property which is in occupation of the plaintiff. The plaintiff has not produced any document to show that he has paid lease rental amount after 1991. In any event, the plaintiff was inducted as a lessee by virtue of a resolution dated 04.09.1990 in which it was specifically stated and undertaken by the plaintiff that he will hand over the vacant possession of the property to the defendant/Municipality as and when demanded. In any event, the notice dated 25.01.2016 is only a show cause notice calling upon the plaintiff to vacate and hand over the vacant possession of the property in question. Therefore, the defendant/Municipality prayed for dismissal of the suit.

5. During the pendency of the suit, it i alleged by the respondent/plaintiff that the defendant/Municipality had forcibly taken the possession of the superstructure put up by him and the suit itself was filed questioning the enforceability of the notice dated 25.01.2016. During the pendency of the suit when the superstructures were removed forcibly by the defendant/Municipality. The plaintiff is left with no other option to seek for the amendment of the pleadings to include a prayer for recovery of possession as well. Accordingly, the plaintiff sought for amending the pleadings to include the relief of recovery of possession within specified date. In the application for amendment of the plaint, a counter affidavit was filed by the defendant/Municipality specifically stating that the amendments sought for are altered and vary the pleadings sought for in the suit, which is l