RAMASAMY PANDITHAR Vs. RAMALINGA KOUNDER

JUDGEMENT

(1.) The revision petitioner is the plaintiff in O.S.No.47 of 1998 on the file of the District Munsif Court, Villupuram. The revision is filed against the dismissal of the amendment petition I.A.No.304 of 2000 in A.S.No.131 of 1999 on the file of the II Additional Sub Court, Villupuram, to amend the plaint for delivery of vacant possession of the plaint 'B' schedule property and stating that it was trespassed by the defendant after filing of the suit, as per order dated 15.2.2001.

(2.) In the affidavit filed in support of the said amendme petition,the plaintiff has stated that after filing of the suit, the respondent/defendant trespassed into a portion of his property on the South and therefore, recovery of possession is also to be sought for, for which purpose, the plaintiff filed the amendment petition as stated in the petition.

(3.) The amendment petition was opposed in the counter that though the plaintiff was fully aware, even at the stage of trial that the defendant is in possession of 'B' schedule property, no step has been taken to amend the plaint at that stage. No petition was filed to amend the plaint seeking recovery of possession before evidence was let in or before the judgment was pronounced in the suit. After filing of the written statement, the plaintiff filed a petition seeking police help and the petition was dismissed, against which no appeal has been filed. Even in the said petition, the plaintiff has stated that the defendant has dug up the foundation for construction of the brick built house. The amendment now sought for will change the character of the suit. The suit 'A' schedule property has been sub divided as 480/12 and the 'B' schedule property has been sub divided as 480/13. The amendment petition is filed to delay the proceedings.