This revision arises out of proceedings for the amendment of the plaint.

2. In a suit between the landlord and the tenant, eviction was sought by the plaintiff and, according to the plaint allegations, the accommodation in question was a post-1950 construction. In 1972 the new U. P. Act XIII of 1972 came into operation and S. 39 has extended the benefit of the new Act to the tenants against whom suits for eviction were pending in respect of the buildings to which the old Act did not apply and which came to be covered, for the first time, by the new Act. Section 40 of the Act extends such benefit to the tenants of such buildings which have been brought under the regulation of the new Act for the first time during the pendency of appeals or revisions. The suit in question was filed in 1974 in the court of the Judge, Small Causes, Allahabad. In the plaint, it was alleged that the house was constructed in the year 1964. The plaintiff sought to amend the pleading to the effect that the construction of the house was started in 1964 and was completed in the year 1966. The application for amendment was rejected on 3rd January, 1976. Admittedly, the plaintiffs counsel was not present when t

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