9911796707
TMI Blog1998 (11) TMI 673X X X X Extracts X X X X X X X X Extracts X X X X ..... order was confirmed in appeal. But the High Court of Bombay interfered with it under Article 227 of the Constitution of India and quashed the decree for eviction. Hence, the landlords have filed the Special Leave Petition. Some more facts are these : Shanta Sabnis, the original tenant, died and her mother, who was living with her, also died later. Second respondent claimed to be the daughter of Shanta Sabnis. Appellants filed a suit for eviction on different grounds, main among them was that the premises were sub-let to the fourth respondent (who was third dependent in the suit). During the pendency of the suit landlords got the plaint amended for incorporating a further allegation that first respondent and his sister were inducted into ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... induction of first respondent into the building amounted to unlawful subletting. On the strength of the above finding a decree for eviction was granted. The appellate authority under the Act confirmed the decree for eviction, but went a step further by holidng that sub-letting to third defendant would also enure to the ground of eviction under Section 13(1) (e) of the Act despite the fact that the aforesaid sub-tenant later vasated the premises. Learned single judge of the High Court approached the issue from a new angle untouched by the trial court and the appellate authority. Learned single judge observed first that appellants have not treated the second defendant as their tenant and secondly that there is no clear averment in the plai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wing: "One Miss Shanta B.Sabnis during her life time was Plaintiffs' monthly tenant in respect of the building bearing No. 7 on a monthly rent of ₹ 12.85. The said Miss Shanta B. Sabnis died some time ago leaving behind her mother as the heir and legal representative. However, in or about the month of February 1970 the said mother of the said Miss Shanta B.Sabnis also died. The plaintiffs in spite of efforts have not been able to get the names and addresses of the heirs and legal representatives of the said Miss Shanta B.Sabis. Defendant No. 2 claims to be the daughter of the said Miss Shanta B.Sabnis. According to the Plaintiffs information the said Miss Shanta B.Sabnis was a spinster till her death and hence the Plaintiffs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he said premises have been unlawfully sublet to the third defendant who is at present in unlawful occupation of the said premises. The third defendant is further about to part with possession to a third party." It was the case of the appellants that during the pendency of the suit first respondent and his sister (second respondent) were unlawfully, inducted into possession of the building. So appellants moved an application for amendment of the building. So appellants moved an application for amendment of the plaint and the same was granted by the trial court. In the plaint so amended paragraph 5-A was inserted, the material portion of which reads thus: "The Plaintiffs say that pending the suit the defendants have or any of them ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ld. First is to afford the other said intimation regarding the particular facts of hiscase so that they may be met by the other side. Second is to enable the court to determine what is really the issue between the parties. The words in the sub-rule "a statement in a concise form" are definitely suggestive that brevity should be adhered to while drafting pleadings. Of course brevity should not be at the cost of setting out necessary facts, but it does not mean niggling in the pleadings. If care is taken in the syntactic process, pleadings can be saved from tautology. Elaboration of facts in pleadings is not the ideal measure and that is why the sub-rule embodied the words "and contain only" just before the succeeding word ..... X X X X Extracts X X X X X X X X Extracts X X X X
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