QAMRUL HODA Vs. WAKIL KHAN

JUDGEMENT

(1.) This revisional application is directed against an order dated 31.8.2009 passed by the Civil Judge (Senior Division), 1st Court, Howrah in Title Suit no. 53 of 2003 heard analogously with Title Suit No. 179 of 2002 by which an application for amendment of the written statement for incorporating the counter-claim was rejected.

(2.) The opposite parties instituted two suits; one being T. S No. 179 of 2002, against the petitioner and the Municipal Authorities, praying for declaration that they are the absolute owners and occupiers of the suit premises and the petitioner being the defendant No. 1 therein has no manner of right, title and interest in the schedule property and the notice dated 6.8.2002 issued by the Howrah Municipal Corporation Authorities are manufactured and collusive and a decree for permanent injunction restraining the petitioner from creating any disturbances and the other defendants therein from giving any effect to the said notice dated 6.8.2002, the other being T. S No. 53 of 2003 wherein the opposite parties prayed for decree for partition upon declaration that the petitioner, the sole defendant therein has not acquired any right, title and interest in respect of 'B' schedule property on the basis of deed of conveyance dated 26.6.2000.

(3.) In both the suits the petitioner appeared and filed written statement. Apart from the other defence it is sought to be contended by the petitioner that the deed of sale by which the opposite parties purchased the 'A' schedule property which includes 'B' schedule property is void and no right, title and interest has been acquired thereupon.