MOKTAB ALI Vs. MUSSTT. MAJIMA BEGUM

JUDGEMENT

(1.) In this application under Art. 227 of the Constitution of India, defendant of Title Suit No. 8/2013 of the court of learned Civil Judge, Nalbari has challenged order dated 03.08.2015 whereby the prayer of the defendant for amending written statement was rejected by the learned court.

(2.) The respondent, Musstt. Majima Begum, as plaintiff, instituted Title Suit No. 8/2013 in the court of learned Civil Judge, Nalbari against the present petitioner praying for a decree of specific performance. The plaintiff stated that there was an agreement for sale of the suit land to the plaintiff by the defendant No. 1 and accordingly on 03.02.2009 a kaccha Dalil was executed. This is because the suit land was annual patta land at that time and the defendant No. 1 agreed to execute proper registered sale deed in respect of the same after the land becomes periodic. Sale was made for a total consideration of Rs. 4,50,000/ - and entire amount was received by the defendant No. 1 but subsequently after the plaintiff had made construction by investing Rs. 5,00,000/ - over the suit land and the land was made Periodic on 19.05.2011, the plaintiff approached the defendants for executing registered sale deed which they denied. Under such circumstances, the suit had to be instituted for a decree directing the defendant No. 1 to execute proper registered sale deed in favour of the plaintiff in view of receipt of Rs. 4,50,000/ - etc. Alternatively, a decree for realisation of Rs. 4,50,000/ - was also made. Appearing in the suit, defendants No. 1 to 4 submitted written statement wherein they admitted the agreement for sale of the land vide paragraph 16 of the written statement. Paragraph 16 of the written statement is quoted below: -

(3.) Subsequently, when the trial commenced and plaintiff examined one witness, the defendants filed an application on 02.03.2015 praying for amendment of the written statement under Order 6, Rule 17 of the Code of Civil Procedure. By the proposed amendment, the defendants wanted to incorporate a new case and wanted to plead that the suit premises was really handed over to the defendant No. 1 on hire for running a school under the name and style of 'Jonakpur Jnan Jyoti Jatiya Vidyalaya'.