K.W. CHINNAPPA Vs. K.P. PONNAPPA

JUDGEMENT

(1.) THE plaintiffs filed a suit for recovery of possession of the property which is alleged to be in possession of the defendant. However, the defendant set up a plea that he is in possession by virtue of part performance of the agreement of sale but the same has been denied. In this regard, amendment was sought to the written statement by the defendant as a counter claim. This is based on agreement of sale. The trial Court rejected the said amendment. The said order is called in question in this writ petition.

(2.) HEARD the Counsel for the respective parties.

(3.) THE petitioner may avail remedy of filing an independent suit for specific performance if there is any sale agreement and also if the petitioner claims to be in possession by way of part performance. Hence, the writ petition is dismissed.