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Judgment
Suryamurthy, J.—This is a Civil Revision Petition against an order of the Principal District Munsif of Gobichettipalayam, allowing a petition
for amendment filed by the plaintiff. The suit was instituted by the plaintiff for an injunction restraining the defendant from interfering with his alleged
possession as a cultivating tenant under the defendant. The suit was dismissed for default. Subsequently, when the suit was restored on an
application by the plaintiff, the plaintiff came forward with a petition for amending the plaint seeking the relief of possession alternatively on the
allegation that a couple of days after the suit was dismissed for default, the defendant trespassed upon the suit land and took possession. The
learned District Munsif having allowed the petition to amend the plaint, the defendant has preferred this civil revision petition. The learned counsel
for the civil revision petitioner contends that the plaintiff was never in possession, that he was conscious that he was instituting the suit on the basis
of false allegations and that therefore this petition for amendment filed subsequently ought not to have been allowed. This is prejudging the issue. It
is open to the defendant to show that the plaintiff was never in possession and is not entitled to the benefits of the Cultivating Tenants Protection
Act, because he has surrendered possession. The truth or falsehood of the averments in the plaint and the affidavit in support of the petition for
amending the plaint need not be gone into now for the purpose of allowing the petition to amend. The amendment does not alter the frame of the
suit. Hence the learned District Munsif was right in allowing the amendment.
Therefore, the order of the Court below is confirmed and this civil revision petition is dismissed. There will be no order as to costs.