MD KAMRUDDIN Vs. KHURSHIDA BIBI

JUDGEMENT

(1.) This revisional application is directed against Order No. 17 dated 17th February 2010 passed by the Civil Judge, (Senior Division), Sealdah in Title Suit No. 7 of 2009 by which an application for amendment, filed by the defendant/appellant, is rejected. The plaintiff/opposite party instituted an eviction suit, being Title Suit No. 38 of 1996, on the ground of default and own use and occupation. In paragraph 4 of the plaint, the plaintiff/opposite party categorically asserted that they are the absolute owners of the suit property.

(2.) In the written statement, the defendant/petitioner evasively denied such statement in contending that the plaintiff is not the owner of the property. No where in the written statement it was ever asserted by the defendant/petitioner that apart from him there are other heirs who have inherited the said tenancy. In paragraph 12 of the written statement, it has been categorically stated by the defendant/petitioner that he is still the tenant of the suit property.

(3.) The parties adduced evidence. No where in the evidence the Court could find out that any case of non-joinder of necessary party is made out. After the suit was decreed, the defendant/petitioner assailed the same in appeal.