ANANTHA ACHARY Vs. B S ABDUL AZEEZ

JUDGEMENT

(1.) Revision petitioner is the first respondent in O.S. No. 127 of 1996, which was filed by the first respondent. Respondents 2 and 3 in the Civil Revision Petition are defendants 2 and 3. The suit was filed for a permanent prohibitory injunction restraining the defendants from interfering with the peaceful possession and enjoyment of portion of the building bearing Door No. MP.10/267 in the ground floor and MP.10/259 in the first floor situated in R.S. No. 129/6 of Uppala Village.

(2.) Revision petitioner filed written statement. The claim of the plaintiff was that he had obtained assignment of the leasehold right in respect of the plaint schedule property and the right, title and interest of the landlords in respect of the properties were assigned to him as per the order of the Land Tribunal in S.M. No. 80/92. The present revision petitioner contended that the assignment deed and the proceedings in S.M. No. 80/92 were fraudulent and collusive. The revision petitioner filed a counter claim and prayed for setting aside the order of the Land Tribunal valuing the properties at Rs. 1,776/- and had paid a court fee of Rs. 36/-. The relief claimed in the counter claim was for a declaration that the order passed by the Land Tribunal No. 1, Kasaragod in S.M. No. 80/92 and also the purchase certificate in respect of the properties mentioned in the counter claim are void and not valid.

(3.) Immediately after the filing of the counter claim, the plaintiff withdrew the suit. Thereafter, the plaintiff contended that the properties scheduled in the counter claim were valued at Rs. 10 lakhs. An advocate commissioner was appointed to estimate the total value of the properties. The commissioner estimated the value at Rs. 14,38,330.30. At that juncture, the revision petitioner filed an application under O.6 R.17 and S.151 of the Code of Civil Procedure for amendment of the counter claim. In the amendment petition, the revision petitioner wanted to limit the claim to 1.5 cents in R.S. No. 129/6 of Uppala Village containing a shop building bearing Door No. M.P.No. 10/247 with appurtenant land. This was opposed by the plaintiff. By the impugned order, the court below dismissed the amendment application. It is against that the present revision is filed.