LALLAN PRASAD ALIAS RAGHUBIR PRASAD Vs. MANGLA PRASAD

JUDGEMENT

(1.) This petition is directed against an order dated the 10th September, 1985, passed by Shri C. K. Singh, Munsif, Patna City, in Title Suit No. 112 of 1976 whereby and whereunder he allowed the application for amendment of the written statement filed on behalf of the defendants Opposite Party.

(2.) Facts of this case lie in a very narrow compass. The nitioner filed Tittle Suit No. 112 of 1976 for eviction of the defendants on the ground of personal necessity and also on default. It appers that, on the 8th February, 1980, the defendants filed written statement. In the written statement, the defendants allegedly stated that the plaintiff's grand-father Bisun Shao and the defendants' grand father Janki Ram were relations and partners. According to the defendants, the original tenant Shyam Lal was a resident to Gola Bazar, U. P., and used to come to Patna to look after the business. It was, further stated that the plaintiff was not the absolute owner of the property. The defendants further denied the relationship of landlord and tenant and claimed themselves to be the owners. It was further stated that there had been earlier suits bearing Title Suit No. 22 of 1961 and Title Suit No. 23 of 1961 during the pendency whereof an agreement for sale was arrived at for a consideration of Rs. 16,000/- whereby and whereunder the Plaintiff intended to transfer his share in favour of the defendant where for an agreement of sale was executed on the 23rd February, 1964.

(3.) According to the original written statement filed on behalf of the defendant Opposite Party the period during which the said agreement for sale was to remain valid was 4 years, i. e., till 1968. Thereafter on or about the 31st August, 1982 an application for amendment of written statement was filed on bhhalf of the defendant opposit party in which it was contended that a mistake was committed in mentioning the period of four years in the aforesaid agreement dated the 23rd February, 1964, and, in fact, the said period would be ten years.