JOSEPH Vs. PUNIDHA AAROKIA ANNAI PERAALAYAM

JUDGEMENT

(1.) THE defendant before the learned District Munsif, Nagapattinam aggrieved over the order in dismissing his application in I.A.No.175 of 2011 in O.S.No.549 of 2006 for filing additional written statement is before this Court.

(2.) THE respondent herein has filed the said suit against the petitioner herein for his eviction. In the said suit, the petitioner has filed written statement admitting that he is the tenant under the respondent herein. While so, he seeks to file an additional written statement giving a go-by to the earlier written statement and now, he seeks to raise that the respondent herein is not a owner of the premises and that the petitioner is not a tenant under him. THE Court below came to the conclusion that the same cannot be permitted and dismissed the application.

(3.) IN (2007)4 MLJ 1098 (S.Suresh Vs Sivabalakannan and others) it has been held that "leave to file additional written statement is to be granted liberally except when the defendant raises mutually destructive pleas or tries to introduce a new case altogether by way of filing an additional written statement.