G. K. MISRA, C. J.

( 1 ) PLAINTIFF is the petitioner. The original suit was filed for recovery of rent and in the alternative for recovery of damages. The circumstances in which the relief was sought may be stated in brief. Plaintiff claims title to the disputed house and pleaded that defendants were tenants. He filed an application for eviction of the defendants before the House Rent Controller. That application was rejected on the finding that relationship of landlord and tenant was not established and that the house Rent Controller had no jurisdiction to entertain the application for eviction. Therefore, the plaintiff filed the present suit for recovery of rent, end as the relationship of landlord and tenant was not established in the alternative for recovery of damages on the footing that the defendants are in unauthorised occupation of the plaintiff's house. The defendants filed a written statement asserting that the plaintiff had no title to the disputed house and that the suit for recovery of damages was not maintainable without the plaintiff getting a declaration of his title. The plaintiff filed an amendment application with averments that paragraph 9 of the plaint be sub