TIPPANNA Vs. SIDDAPPA

JUDGEMENT

(1.) THE rejection of plaintiff's IA-3 under Order 6, Rule 17 CPC by order dated 21.7.2008 in O.S, No. 244/2007 on the file of the In Addl. Civil Judge (Jr. Dn), Bijapur, has resulted in this petition under Article 227 of the Constitution of India.

(2.) THE petitioner instituted O.S. No. 244/2007 to cancel the sale deed dated 12.1.2007 in respect of the House property No. 164/A/1 measuring 36 x 15 ft of Kataral village, executed by the 1st defendant in favour of the 2nd defendant and for permanent injunciton restraining the 2nd defendant from interfering with the plaintiff's peaceful possession and eujoyment of the suit property. That suit was not opposed by the 1st defendent, whereas the 2nd defendant filed written statement inter alia contooding that under a oral partition during the month of December, 2006, between the plaintiff and the 1st defendant, the suit property fell to the shave of the 1st defendant, while the landed property fell to the share of the plaintiff and eversince then, the 1st defendant in possession of the suit property conveyed the same under the sale deed and put the 2nd defendant in possession of the suit property.

(3.) A perusal of para 3 of the plaint discloses that the petitioner asserted a share in the suit property and having financed the repair and improvement of the house property and payment of taxes, etc. The amendment sought was in the nature of amplifying the said pleading to claim the one half share in the suit property. The other amendment to the plaint was, as a consequence of the claim of one half share in the suit property to draw a decree for partition and separate possession of that one half share.