SIKANDER PARVEZ Vs. RAZIA PARVEZ & OTHERS

JUDGEMENT

(1.) By means of this petition, petitioner has challenged the order dated 05.09.2016 passed by learned trial court, whereby his application seeking leave to amend the written statement, has been rejected.

(2.) Petitioner is defendant No. 1 in a suit for partition and rendition of accounts, which is registered as Original Suit No. 357 of 2006 and is pending before 3rd Additional Civil Judge (S.D.), Dehradun. As per plaint allegation, predecessor in interest of plaintiff Gulshan Parvez and defendant No. 1 are real brothers, while defendant No. 2 is the sister of the predecessor in interest of plaintiffs. It was further contended that predecessor in interest of plaintiffs and defendant No. 1 were co-sharers and were having half share over the suit property numbered as 230 and 230A, Rajpura Road, Dehradun.

(3.) Defendant No. 1 (petitioner herein) filed a written statement before the trial court and in para 16 whereof it was stated that father of predecessor in interest of the plaintiffs, namely, (Gulshan Parvez) and defendant No. 1 had distributed the suit property amongst his children through Oral Gift and the suit property bearing Nos. 230 and 230A, Rajpura Road, Dehradun came to the share of Mr. Gulshan Parvez and Mr. Sikander Parvez (defendant No. 1/petitioner herein). Thus, it was admitted by defendant No. 1 that suit property came to the share of both the brothers i.e. predecessor in interest of the plaintiffs and defendant No. 1. In para 24 of the written statement, respondent No. 1 further pleaded that on 01.01991, predecessor in interest of the plaintiffs gifted the entire suit property, except one Kothi gifted to his sister in 1980 and one Red Kothi to the defendant No. 1 and he also executed a memorandum to this effect on 01.01991.