BRUNDAVAN BISOYI Vs. ANNAPURNA BISOYI

JUDGEMENT

(1.) This Civil Revision Petition is directed against the order dated 30-11-2000 passed in LA. No.208 of 2000 in O.S. No.12 of 1997 on the file of the Senior Civil Judge, Sompeta. whereby the learned Judge has dismissed the I.A. holding that the defendant- petitioner herein is not entitled to the relief of amendment of written statement.

(2.) The brief facts of the case are that O.S. 12 of 1997 was filed by the respondent- plaintiff for partition of the suit properties, which are the self acquired properties of the Lokono Bisoi, maternal grandfather of the plaintiff, into two equal shares and to allot one such share to her, as she was the granddaughter of a Lokono Bisoi. The said Lokono Bisoi is having a daughter by name Surekha Bisoi, who is the mother of the plaintiff-respondent herein. The said Lokono Bisoi died in the year 1960 and his wife Kundano Bisoi also died in the year 1971 and the plaintiff-respondent and the defendant-petitioner are enjoying the possession of the properties as heirs. When the defendant failed to give due share of the plaintiff inspite of the registered notice, the suit was filed.

(3.) The defendant has denied the relationship between himself and the plaintiff and that the plaintiff is not the granddaughter of Lokono Bisoi, father of the defendant. He further asserted that the suit properties are self acquired properties as well as ancestral properties of the defendant and the plaintiff-respondent herein has nothing to do with the suit schedule properties and she is a stranger and, therefore, she is not entitled to any share.