(1.) CM No. 279.84 IN FRA 540/69. This is an application for amendment of the memorandum of appeal under Order VI Rule 17 of the Code of Civil Procedure.
(2.) These are the facts. The appellant, Sheila Devi, purchased certain land in 1957 bearing Khasra No. 346 measuring 5 bighas 8 biswas in village Kilokari at the rate of Rs. 5 per square yard by sale deed dated 9th May, 1957. Her land was acquired pursuant to the notification under section 4 of the Land Acquisition Act, 1894 (the Act), dated 16th May, 1961. In due course the Land Acquisition Collector made the award (Award No. 1218). He offered compensation to the owner at the rate of Rs. 2,500 per bigha. On a reference under section 18 of the Act the Additional District Judge enhanced the compensation to Rs. 11,000 per bigha. From his order the appellant appeals to this court.
(3.) In the memorandum of appeal originally filed on 18-11-1.969 she claimed compensation at the rate of Rs. 20 per square yard. The present application for amendment was made on 19-3-1984, after nearly fifteen years. She says that she may be allowed to amend the memorandum of appeal so as to claim higher compensation, now at the rate of Rs. 60 per sq. yard. The real question is whether the court in its discretion should grant the amendment at this stage.
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