AISHA Vs. AMA WAGAY AND ORS

JUDGEMENT

(1.) This Civil Revision is directed against the order dated 29.04.2017, of the learned Sub-judge, Shopian, whereby he has rejected the application for amendment filed by the petitioner under Order 6 Rule 17 CPC. The facts as these emerge from the study of the file under consideration are that the petitioner was married to one Abdul Aziz Rather as a Khana Nisheen daughter and she lived continuously with her father after her marriage. Her father-respondent No. 1, executed a family agreement vide which land measuring 05 Kanals and 19 Marias, situated at village Pinjura, Shopian, was transferred to her. In addition to this, the respondent No. 1, executed a deed of gift by which land to the tune of 03 Kanals and 03 Marias vested in her.

(2.) Her brothers (respondents 2 to 5) started interfering into the peaceful possession of the land held by her. This constrained her to file a Civil Suit titled "Mst. Aisha v. Ama Wagay & Ors." before the Court of learned Sub Judge, Shopian on 09.05.2005, bearing File No. 68/N. The trial Court passed an interim order, directing the respondents not to interfere with the suit land to the extent of her possession. The respondents resisted her claim on the ground that the subject matter of the suit has been already transferred in favour of respondent Nos. 2 to 5 by virtue of a family settlement dated 16.04.2008 and a gift deed dated 09.06.2005.

(3.) It is further pleaded that the petitioner filed two separate suits before the trial Court on 03.04.2010, challenging the family settlement and the gift deed executed in favour of the respondent Nos. 2 to 5. These were rejected under Order 7 Rule 11 by an order dated 12.05.2012. In addition to these suits, the petitioner challenged the mutations that were attested in favour of the respondents. The appeals filed against the mutations are pending adjudication. It has been stated further that by an order dated 03.09.2013, the trial Court dismissed the Suit No. 68/N,: dated 09.05.2005, for want of evidence. The said order dated 03.09.2013, was assailed in an appeal filed before the Appellate Court. The Appellate Court allowed the appeal by an order dated 28.04.2016. After this order of the Appellate Court, the suit of the petitioner was restored to it original number with which the proceedings commenced. The petitioner moved an application under Order 6 Rule 17 CPC, seeking amendment of the plaint challenging the gift deed dated 09.06.2005 and the family settlement dated 16.04.2008. The trial Court dismissed the said application on 29.04.2017. Hence the revision.