KARIBANDI SURYAKANTHAM Vs. PILLA VENKATAKRISHNA

JUDGEMENT

(1.) THIS revision is preferred by the plaintiff in the suit calling in question the correctness of the orders passed by the learned I Additional Junior Civil Judge, Rajahmundry in I.A.No.341 of 2012, moved by her seeking amendment of the boundaries of the plaint schedule property. The respondent herein, who was the sole defendant, has opposed the said amendment, setting out that it would cause grave irreparable injury to him and the suit being one for injunction, the very nature of the claim gets materially altered, if the amendment, as sought for, is allowed.

(2.) SINCE the amendment of the plaint sought for is at the trial stage, it is only appropriate for the Courts to adopt a very liberal approach. The petitioner herein, in paragraph 4 of the plaint, averred that her mother originally owned land of an extent of Ac.1.30 cents situate in R.S.No.796/5 of Rajendrapuram Village and there was no document of title available with her mother. However, it was further asserted that the mother of the plaintiff enjoyed the entire extent of Ac.1.30 cents of land during her lifetime and after her death, sometime 25 years back, the plaintiff being her only issue, succeeded to the entire extent of land of Ac.1.30 cents. Consequently, she was in exclusive possession and enjoyment of the entire Ac.1.30 cents of land. Next follows the following statement of fact:

(3.) THE plaintiff sold an extent of Ac.0.50 cts. to the defendant under registered sale deed Dt.9.6 -1993.