AVINASH KUMAR RAI Vs. SUSHREE CHHAYA RAI

JUDGEMENT

(1.) In this writ petition preferred under Article 227 of the Constitution of India, the petitioner has challenged the legal propriety of the order dated 7-02-2012 passed in Civil Suit No. 8- A/2009 by the learned District Judge, Jabalpur whereby an application filed by the petitioner under Order 6, Rule 17 read with section 151 of the Code of Civil Procedure [for brevity 'the CPC'] seeking amendment has been rejected.

(2.) The factual assertions as would unveil, are that the petitioner filed a Civil Suit No. 8-A/2012 (New) on 01-6-2009 against the respondent No. 1 for declaration that the respondent No. 1 should not dispossess the petitioner from the disputed property and also for permanent injunction that the respondent No. 1 should not transfer the disputed property to anyone-else nor damage the property in any way. The respondent No. 1 also filed a Civil Suit No. 4-A/2009 on 25-6-2009 for permanent injunction and mesne profit against the petitioner. Both the suits were ordered to be consolidated for analogous hearing.

(3.) The petitioner-plaintiff has pleaded that he is the brother of the respondent No. 1 and was residing peacefully along with his family over a part of the disputed property-bearing House No. 1411 (new)/796(old), Napier Town, Dayanand Saraswati Ward, Dr. Barad Road, Jabalpur ad-measuring 3043.2 sq.ft. since 1966. As the respondent No. 1 is not having her own family, therefore, she was living with the petitioner's family in the disputed property and the petitioner being the real brother was taking care of the respondent No. 1. It is stated that the respondent No. 1 had expressed her desire that since she is not having any family of her own, therefore, she proposed to transfer the disputed property to the petitioner and in the remaining portion she will make a Trust in the memory of her father from the consideration of the disputed property agreed to be sold to the petitioner.