Pilani Investment And Industries ... vs Steel Authority Of India Limited on 7 October, 2015
That the service charges provided by the plaintiff under an
agreement forms part of the rent cannot be disputed on the basis of the
decisions referred to and indicated above. The finer point raised by Mr.
Mitra is that there is no averment in the plaint that the said service
charge is an incidence of tenancy. Mr. Mitra submits that the Court
cannot rely an oral submission of an agreement dehorse the pleading
and the decision of a case cannot be based on grounds outside the
pleadings of the parties and it is the case pleaded that has to be found.
In absence of any amendment to the pleading to cure any defect in the
pleading, the plaintiff cannot argue that the service charge is an
incidence of tenancy. In this regard, Mr. Mitra has relied upon Messrs.
Trojan & Co. Vs. RM. N.N. Nagappa Chettiar reported at AIR 1953 SC
235 Paragraph 22 and S.S. Sharma & Ors. Vs. Union of India &
Ors. reported at AIR 1981 SC 588 Paragraph 6.