121sa372.09.odt 1 . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Second Appeal No.372 of 2009 (Riyasatbi w/o. Sk. Abdullah .vs. Syed Akaram s/o. Syed Rehaman and anr.) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Coram: R. K. Deshpande, J. Date : January 11, 2010 Heard Mr. B. N. Mohta, Adv. for appellant. This appeal is preferred by the Original plaintiff challenging reversal of decree by the Appellate Court by its judgment and order dt. 6.3.2008 passed in Regular Civil Appeal No.36 of 2007. The trial Court had decreed the suit bearing Regular Civil Suit No.22 of 2005 filed by plaintiff by its judgment and order dt. 20.1.2007. The dispute before the trial Court was two fold : 1. Whether there existed relationship of land lord and tenant in between the plaintiffs and defendant and, 2. Whether the defendants have discharged their obligation in terms of the agreement ? All the findings are recorded against the plaintiffs, but ultimately, order is passed in favour of plaintiffs granting decree for an amount of Rs.40,000/-. 121sa372.09.odt 2 . On the appeal being preferred by the Original defendant, the decree has been reversed and the suit has been dismissed; against which present Second Appeal has been preferred. Amount of Rs.40,000/- was claimed towards arrears of rent as the suit was for recovery of rent. However, the plaintiff has filed an application under O VI R 17 of the Code of Civil Procedure for amendment of the plaint. By way of amendment, the plaintiff has proposed that the suit for recovery of arrears of rent should be converted as a suit for recovery of damages. I have heard Mr. B. N. Mohta, Adv. appearing for the appellant/plaintiff. The trial Court in recording the findings against the plaintiff has committed an error in decreeing the suit of plaintiff. The Appellate Court has rightly reversed the findings of the trial Court and dismissed the suit. There is no substantial question of law which arises for consideration of this Court out of the findings recorded by the Appellate Court. The application for amendment of the plaint, at this stage cannot be considered. Even otherwise, it would amount to changing the nature of the suit. In view of above, there is no substance in the appeal. The same is, therefore, dismissed. However, it is made clear that if the appellant/plaintiff desires to institute separate proceedings for claiming damages or any other relief, except the relief claimed in the 121sa372.09.odt 3 . suit, this order shall not come in the way of the plaintiff in doing so. JUDGE jais