LAXMI BAI Vs. KAMALAKSHA G NAYAK

JUDGEMENT

(1.) This revision petition is filed by defendants 1 to 4 in O.S. 201 of 1985, on the file of the I Additional Civil Judge, Mangalore against his order dated 24/09/1992, allowing I.A. No. VIII and permitting the plaintiff (1st respondent herein) to amend the plaint, as sought for by him.

(2.) Respondents 2 to 4 herein are defendants 5 to 7 in the lower Court. For the purpose of convenience the parties will be referred to by the rank they hold in the lower Court.

(3.) The facts, giving raise to this petition, may briefly be stated as hereunder: The plaintiff filed a suit in O.S. 201/85, on the file of the Civil Judge, Mangalore, against the defendants, who are the wife and children of one late K. Rama Rao for a declaration that he is entitled to continue in possession of the suit property by virtue of part performance of an agreement to sell dated 5-5-1978 executed by Rama Rao and for a permanent injunction restraining the defendants from interfering with his possession of the suit property. He alleged in the plaint that Rama Rao agreed to sell the suit property to him for Rs. 49,500/- and received a sum of Rs.20,000/ - out of the consideration; that he was also put in possession of the suit property in part performance of the contract; that however Rama Rao died before the execution of the sale deed and that the defendants were now trying to interfere with his possession of the property.