KRISHNARU Vs. INCORPORATED AND UNINCORPORATED

JUDGEMENT

(1.) THE appellants/defendants, who were unable to satisfy the first appellate Court, in a petition to amend the written statement, are the revision petitioners.

(2.) THE respondent in this revision, moved the District Munsif's Court, Kuzhithurai for declaration of title in respect of an immovable property, measuring 68 cents, in old Survey No.1116-A, co-related to new Survey Nos.552/2 and a portion of 552/1, with a consequential prayer of permanent injunction or in the alternative for recovery of possession, claiming title to the suit property, further alleging that while re-survey took place, the authorities have wrongly classified the suit property as patta land, issuing patta to the defendants, with among other grounds.

(3.) THE revision petitioners/defendants, pending appeal, in order to amend the written statement filed in the suit, have filed I.A.No.62 of 2002, alleging that while tracing the title to the suit property, in the written statement, they have failed to mention the earlier document under which their donor got the right, who purchased the property in the Court's auction sale held in O.S.No.1415 of 1102 M.E., further alleging that the said facts came to their knowledge only recently, at the time of filing the appeal. Thus, the revision petitioners wanted to insert, by way of amendment, paragraph No.10 (A) in the original written statement filed in the suit, which was opposed by the plaintiff, who obtained a decree before the trial Court, denying the averments in the affidavit.