SANGAWA Vs. JAHARABI

JUDGEMENT

(1.) This Civil Revision Petition has been filed by defendant 3 in O.S. No. 231 of 1985 on the file of the Principal Munsiff, Bijapur.

(2.) The plaintiffs suit was for declaration of title to the suit property and for possession. The plaintiff claimed that the suit property was given to her by her husband (defendant 1). The case of defendant 2 was that she purchased the property from defendant 1 and sold it to defendant 3. Defendant 3 set up the defence that he has full title and is exclusively in possession.

(3.) Defendant 3 filed LA. No. III under Order 6, Rule 17, C.P.C., before the learned Munsiff and prayed that he should be permitted to take up another defence, viz, he was a bona fide purchaser for value without notice of the plaintiffs title. The learned Munsiff rejected I.A. No. III and refused to allow the amendment.