KOUDAGANI RAJESHWARA RAO Vs. GANDU SAMMAIAH

JUDGEMENT

(1.) I.A.No. 60 of 2003 filed under Order 6 Rule 17 read with Section 151 of C.P.C. seeking amendment of the written statement was dismissed by the trial court on the ground that permission to amend pleadings cannot be granted after commencement of the trial. Hence, this Revision.

(2.) Respondent filed the suit for recoveryof possession of the plaint schedule property from the revision petitioners, alleging that the first petitioner who had taken the suit property on oral lease and is continuing in possession thereof as a tenant holding over is trying to induct third parties into possession thereof on the basis that he himself is the owner of the property. The First Petitioner filed his written statement denying the title of the respondent to the suit property and alleging that he prescribed title to the suit property by adverse possession.

(3.) After the trial of the suit was taken up,revision petitioners filed I.A.No. 60 of 2003 seeking permission to incorporate a plea in the written statement of the 1st respondent (sic. petitioner) that the suit is not maintainable in the civil Court inasmuch the father of the 1st respondent (sic. petitioner) was a protected tenant in respect of the suit property and that the earlier plea relating to acquisition of title by long standing possession may be deleted.