U.C. Srivastava, J.

1. This is second application for amendment of the plaint moved in the Second Civil Appeal. By means of the amendment application to which not only objection has been filed but has been seriously opposed, the plaintiff-appellants have prayed for amendment of the plaint in paragraphs pertaining to payment of court fees and valuation of the suit and the relief clause by addition of relief for declaration as owner of the house in question regarding which conseqential relief of recovery of possession and realisation of damages is found to be existing.

2. The plaintiff-appellant No. 2 claiming himself as owner landlord of House No. 151/52 having purchased it from plaintiff-appellant No. 1 who had earlier purchased it from its owner Murlidhar vide registered sale deed of the year 1976 and alleging defendant-respondent as tenant filed a suit for arrears to rent and for damages for use and occupation till ejectment of defendant. Relief for ejectment was non distinctly mentioned in the relief clause though the suit was entitled as suit for arrears of rent and ejectment and notice preceding the same was also for ejectment. The defendant-respondent filed a written