KRISHNASWAMY IYER Vs. OUSEPH MATHAI

JUDGEMENT

(1.) This revision petition is filed against the order passed by the Additional District Judge of Kottayam in C.M.P. 395/58 in O.S. 3/57 allowing an amendment of the written statement filed by the defendant under O.6 R.17.

(2.) The suit is for recovery of a sum of Rs. 30,000/- reserved in a registered sale deed. The defendant contended that the price in the sale deed happened to be fixed because of the misrepresentation made by the vendor and that the vendor subsequently agreed to accept a lesser amount of Rs. 10,000/- in full satisfaction.

(3.) The court tried a preliminary issue whether the defendant could prove by means of oral evidence, the agreement set up in the written statement and it was held that the agreement set up cannot be proved by parole evidence. By a petition dated 17-2-58 the defendant wanted to raise an issue as to whether he could resile from the contract and get the value of improvements and the amount paid by him. It was ordered that as there was no such plea in the written statement there was no need for framing such an issue. After that petition was dismissed the defendant has come forward with this petition to amend the written statement by stating that the property was purchased due to misrepresentation and that he is entitled to rescind the contract and get back the sale price and value of improvements.