TMI Blog1965 (10) TMI 67X X X X Extracts X X X X X X X X Extracts X X X X ..... floor as well on a further additional rent of ₹ 150 p.m. Thus, the defendant was in possession of the house as a tenant of the plaintiff on the condition that he was to pay ₹ 450 p.m. as rent. The defendant continued to pay this rent and was not in arrears in that behalf as on the 31st March, 1954. Thereafter, he failed to pay the rent, and so, the plaintiff terminated his tenancy and bought the present suit on the 30th November, 1955 claiming ejectment against the defendant and a decree for ₹ 8,550 as arrears of rent from the 1st April, 1954 to the end of October, 1955. Future mesne profits were also claimed. 2. The defendant admitted that the land over which the house stood belong to the plaintiff. He, however, pleaded that the house had been constructed by the defendant at his own cost and that too at the request of the plaintiff, because the plaintiff had no funds to construct the building on his own. Having constructed the house at his own cost, the defendant went into possession of the house on condition that the defendant would continue to occupy the house until the amount spent by him on the construction was repaid to him by the plaintiff. According to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onfirmed the decree for ejectment passed by the trial Court. 6. It has, however, set aside the said decree insofar as it directed the defendant to pay past rent at the rate of ₹ 300 p.m. This decision was the result of the fact that the High Court was not satisfied that the plaintiff has established any of the terms of the tenancy. In that connection, the High Court has referred to the fact that even if the plaintiff's case about the tenancy had been proved, such a tenancy would have been invalid because of the relevant statutory provisions then prevailing in the area. In December, 1946, the State Government of U.P. had issued an Ordinance controlling the letting of residential and non-residential accommodation. This Ordinance was later enacted as the U.P. (Temporary) Control of Rent and Eviction Act (No. III) of 1947. The material provisions of this Act as well as the provisions Ordinance require that no premises could be let out by the land-lord without the permission of the District Magistrate or other appropriate authorities mentioned in that behalf. Thus, the tenancy not having been proved, the High Court came to the conclusion that it would be inappropriate to al ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lication, it would not be open to the said party to attempt to sustain the same claim on a ground which is entirely new. The same principle was laid down by this Court is Sheodhar Rai Others v. Suraj Prasad Singh Others . In that case, it was held that where the defendant in his written statement sets up a title to the disputed lands as the nearest reversioner, the Court cannot, on his failure to prove the said case, permit him to make out a new case which is not only made in the written statement, but which is wholly inconsistent with the title set up by the defendant in the written statement. The new plea on which the defendant sought to rely in that case was that he was holding the suit property under a shikmi settlement from the nearest reversioner. It would be noticed that this new plea was in fact not made in the written statement, had not been included in any issue and, therefore, no evidence was or could have been led about it. In such a case clearly a party cannot be permitted to justify its claim on a ground which is entirely new and which is inconsistent with the ground made by in its pleadings. 10. But in considering the application of this doctrine to the facts ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... w what he was specifically pleading. He had admitted the title of the plaintiff in regard to the plot and set up a case as to the manner in which he spent his own money in constructing the house. The plaintiff led evidence about the tenancy set up by him and the defendant led evidence about the agreement on which he relied. Both the pleas are clear and specific and the common basis of both the pleas was that the plaintiff was the owner and the defendant was in possession by his permission. In such a case the relationship between the parties would be either that of a landlord and tenant, or that of an owner of property and a person put into possession if it by the owner's licence. No other alternative is logically or legitimately possible. When parties led evidence in this case, clearly they were conscious of this position, and so, when the High Court came to the conclusion that the tenancy had not been proved, but the defendant's argument also had not been established, it clearly followed that the defendant was in possession of the suit premises by the leave and licence of the plaintiff. Once this conclusion was reached, the question as to whether any relief can be granted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the finding was returned that the defendant was in possession as a licensee, the High Court did not feel any difficulty in confirming the decree for ejectment, even though the plaintiff had originally claimed ejectment on the ground of tenancy and not specifically on the ground of licence. To the same effect is the decision of the Allahabad High Court in the case of Balmakund v. Dalu (I.L.R. 25 All. 498.). 15. It is hardly necessary to emphasise that in a matter of this kind, it is undesirable and inexpedient to lay down any general rule. The importance of the pleadings cannot, of course, be ignored, because it is the pleading that lead to the framing of issues and a trial in every civil case has inevitably to be confirmed to the issues framed in the suit. The whole object of framing the issues would be defeated if parties allowed to travel beyond them and claim or oppose reliefs on grounds not made in the pleadings and not covered by the issues. But cases may occur in which though a particular plea is not specifically included in the issues, parties might know that in substance, the said plea is being tried and might lead evidence about it. It is only in such a case where the C ..... X X X X Extracts X X X X X X X X Extracts X X X X
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