ABDUL KADER Vs. CHINNASWARNY PADAYACHI

JUDGEMENT

(1.) C. M. P. No. 9821 of 1978, is a petition under Section 151 to Section 153 C.P. C. and O. 6, R. 17 C. P. C. to amend the cause title in S. A. S. R. No. 64744 of 1978, by changing the name of the appellant as Abdul Rader instead of sheik Rader and also to amend the cause title in the copies of the Printed orders and of the certified decretal order made In O. P. No. 152 of 1974 on the file of the Sub-Court, Chidambaram, in respect of the second claimant therein by changing the name Sheik Rader into Abdul Rader and also to amend the cause title in the copies of the printed Judgments and of the certified copy of the decree in A. S. No. 227 of 1016, on the file of the District Court , Cuddalore ,by making a similar change therein and to direct the Sub Court and the District Court to likewise amend the cause title in the respective copies of the Judgments and of the copies of the decretal order and dear" kept in their respective records and to pass such further or other orders as the Court may deem At in the facts and circumstances of the case.

(2.) The petitioner herein who has filed S. A. S. R. No. 64744 of 2978 and who had preferred previously the appeal A. S. No. 227 of 1976, on the file of the Dist. Court of South Arcot at Cuddalore, wants the aforesaid amendments on the ground that his name is Abdul Rader but by some mistake his name has been given as Sheik Rader in all the proceedings starting from the proceeding which resulted out of a reference made to the Sub Court, Chidambaram under Sec. 31 of the Land Acquisition Act by the special Tahsildar Land Acquisition, Five Year Plan Scheme, Cuddalore.

(3.) The petitioner and the respondent Chinnaswami Padayachi both claimed to be owners of 1 acre and 16 cents Punja out of R. S. No. 81/28 in Ramanatham village, Vridhachalam taluk, South Arcot, which land was acquired by the Government. The petitioner's claim for the amount of compensation was however negatived by the Sub Court in O.P. No. 152 of 1974 and by the District Court on appeal in A S No. 227 of 1976 and the petitioner has filed S.A.S R. No. 64744 of 1978 against those Judgments and decrees, The special Tahsildar, Land Acquisition who made a reference under Section 31 of the Land Acquisition Act has noted the name of the second claimant as Sheik Rader, son of' Mustafa Sahib. The first claimant was the respondent. The petitioner contends that it is by a mistake on the part of the Special Tahsildar that he, the second claimant, has been named as, Shall; Rader instead of Abdul Kader, and as a result of it in all the records relating to before the Sub Court,and the District Court his name has been wrongly stated as Sheik Kader in stead of Abdul Kader.