RAMACHANDRAN Vs. SAMPATH

JUDGEMENT

(1.) This Civil Revision Petition is directed as against the fair and decreetal order passed in I.A.No.54 of 2015 in O.S.No.153 of 2009 dated 22.04.2015 on the file of the court of District Munsif Court cum Judicial Magistrate, Kattumannarkoil, thereby dismissing the petition filed by the petitioner for amendment of the plaint to include the prayer of recovery of possession in respect of the suit schedule property.

(2.) The petitioner is the plaintiff, he filed a suit for bare injunction as against the respondent in respect of the suit property on the ground that the petitioner is the absolute owner of the property, while being so the respondent compelled the plaintiff to let out the property for cultivating. when the petitioner denied the request made by the respondent he attempted to trespass into the property. Hence, the petitioner is constrained to file a suit for injunction.

(3.) While pending suit, the respondent trespassed into the property and as such the petitioner was constrained to file a petition for amendment of plaint to include the alternative relief of recovery of possession with the original prayer of permanent injunction as against the respondent herein.