SHIRKAR SHARMA Vs. ANNAPURNA PATHAK & ORS.

JUDGEMENT

(1.) By filing the present application under Order 6, Rule 17 and Sec. 151 of the Civil Procedure Code, applicants/defendants No. 1, 3, 4 and 5 are seeking amendment of their written statement. The prayer is opposed on behalf of the non-applicant/plaintiff.

(2.) It shall be necessary to notice brief facts of the case. The matter pertains to entitlement to the amount of compensation pursuant to acquisition of land. The suit has been filed by the plaintiff for recovery of Rs. 30,00,000.00 (Rs. thirty lac) being principal including interest, on the ground that though he was entitled to this amount being owner of the acquired land to the extent of 1/2 share, yet the amount was wrongly and illegally claimed and later on withdrawn by the replying defendants in the land acquisition proceedings and thereafter in the reference Court.

(3.) The amendment is being sought on two grounds. Firstly, by explaining the admission that though an amount of Rs. 12,46,395.63 paise was withdrawn by late Shri Sharangdhar Pathak, in assertion of his own independent right and the replying defendants are not bound by the same and secondly that late Shri Shridhar Guleri, who was the owner of the acquired land to the extent of 1/2 share, had executed a Will in favour of Madhukar Pathak and Karunakar Pathak, sons of late Shri Sharangdhar Pathak, bequeathing his entire share in the acquired land, but "However, it appears that Smt. Rajeshwari Rani Pathak taking unfair and undue advantage of minority of Madhukar Pathak and Karunakar Pathak sons of late Shri Sharangdhar Pathak, manipulated entries in her name, as if she had succeeded to Shri Shridhar Guleri, but in fact she did not acquire any right, title and interest of any kind over this acquired land."