RAJ WATI Vs. BRAHMANAND

JUDGEMENT

(1.) Plaintiff-Raj Wati has filed this revision petition under Article 227 of the Constitution of India, impugning order dated 03.07.2013 Annexure P-6 passed by the trial Court thereby allowing application Annexure P-4 filed by defendant-respondent for correction of his affidavit Annexure P-3 of his examination-in-chief as witness. It is unfortunate litigation between sister (petitioner) and brother (respondent). Plaintiff-petitioner has claimed half share in the tenancy of the suit land, which was in the possession of Mohar Singh since deceased (father of both the parties) as tenant, being one of the two legal heirs of Mohar Singh, the respondent-defendant being the other legal heir. However, the defendant has pleaded that tenancy is heritable by only male member and therefore, defendant claimed to be sole heir of his father qua tenancy over the suit land and claimed to be in possession of the entire suit land.

(2.) The defendant in his application Annexure P-4 alleged that in his affidavit Annexure P-3, he inadvertently mentioned himself to be in possession of half share of the suit land and the same is to be corrected as full share or the entire suit land.

(3.) The plaintiff by filing reply Annexure P-5 opposed the aforesaid application and alleged that the defendant cannot change his statement.