ATRAN BIBI Vs. MST. UMME KULSUM

JUDGEMENT

(1.) DEFENDANT is the Petitioner in this Civil Revision under Section 115, Code of Civil Procedure, assailing the order of the trial court refusing her prayer for amendment of the written statement.

(2.) THE suit filed on 11 -2 -1981 is for specific performance of the contract for sale dated 16 -2 -1978. It was asserted that the Defendant is the exclusive owner of the suit property and in that capacity she entered into the contract. In the written statement filed on 25 -1 -1982 Defendant admitted the plaint assertion that she is the exclusive owner of the suit house situated in Cuttack town and stated that she is in possession of the house along with his sons and other family members. The suit was contested on the ground of absence of any contract for sale. After the issues were settled and before hearing, Defendant filed an application for amendment of the written statement challenging the validity of the contract on the various provisions of the Contract Act. Hearing commenced on 22 -4 -1985 with examination of the Plaintiff as P.W. 1. The evidence on the side of the Plaintiff was closed on 17 -7 -1985 and the suit was posted for recording evidence on behalf of the Defendant. On 30th July, 1985, Defendant was examined as D.W. 1. In her examination in chief, she stated

(3.) THERE is no doubt that in case this amendment is allowed, two inconsistent pleas will be available in the written statement. One plea would be that the Defendant is the exclusive owner of the property residing therein with her sons and other family members and the other would be that the property was purchased in her name benami by her husband in the year 1935 and on her husband's death all the legal heirs became the owners of the property.