N PALANIAMMAL Vs. B CHANDRAKALA

JUDGEMENT

(1.) THE above referred civil revision was filed against the order allowing the application in I.A.No.624 of 2007, an application for amendment of the plaint in O.S.No.453 of 2005 dated 20.01.2009 of the learned Additional District Judge (Fast Track Court No.1), Coimbatore.

(2.) THE defendants 2, 4 to 7, 9 and 10 in the above suit are the petitioners and the plaintiff thereon is the 1st respondent and the 11th defendant is the 2nd respondent in this revision.

(3.) HOWEVER, the proposed amendment as set out in the petition under Order 6 Rule 17 C.P.C., is to the following effect: Para 11 A.The plaintiff humbly states that she has been put in possession of the suit property as per the Will dated 01.02.1998. After the death of plaintiff's husband, the plaintiff is in possession and enjoyment of the suit property. The plaintiff is employed as Principal at Navarasam Arts and Science College for Women, Archalur, Erode District. Taking advantage of her absence, the defendants 1,2,6 and 7 have made unauthorised attempts and trespassed into the suit property. Since the defendants claim that they are in possession, to have proper adjudication, the plaintiff is obliged to seek the relief of possession. Unless the defendants are directed to deliver vacant possession of the suit property, the plaintiff's valuable right will be defeated and she will be put to great hardship.