E T RAJENDRAN Vs. E T BHARGHAVI AMMA

JUDGEMENT

(1.) THE plaintiff in O.S.No.517 of 2006, on the file of the court of of the Principal Munsiff - II, Kozhikode, challenges the order dated 3rd November, 2010 in I.A.No.2882 of 2010 by which the court below dismissed the application for amendment of the plaint. In the plaint, the case of the plaintiff is that the defendant, who is the mother of the plaintiff, agreed to sell the property belonging to her to the plaintiff. An agreement was executed between the parties. THE plaintiff and the defendant are residing in the house in the property. THE suit was filed alleging that the defendant obstructed the plaintiff from removing the coconuts kept in the shed.THE relief in the suit is for a permanent prohibitory injunction restraining the defendant from obstructing the plaintiff from removing the coconuts from the shed and from plucking the coconuts from the coconut trees.

(2.) THE amendment sought for is to raise a contention that the plaintiff was ready and willing to perform his part of the agreement, that only because of the default of the defendant, the transaction could not be completed, that the plaintiff is in possession of the property and that he has improved the property spending considerable amounts. THE court below dismissed the application on the ground that the averment sought to be incorporated in the plaint have no connection with the reliefs sought for in the suit.