MENTRAJPALLY DAS Vs. MENTRAJPALLY BHULAXMI

JUDGEMENT

(1.) This Civil Revision Petition is filed by the petitioner/1st defendant aggrieved by the orders dtd. 13/6/2024 in I.A.No.207 of 2024 in O.S.No.87 of 2015 passed by Principal Junior Civil Judge-cum-Judicial Magistrate of First Class, at Nizamabad, wherein the petition filed under Order VI Rule 17 of CPC to permit the petitioner to amend the written statement, was dismissed.

(2.) The original suit was filed for partition and separate possession of land. It is the claim of the Plaintiff that after the death of their parents, the defendant inherited the property, which was subsequently mutated in his name. The plaintiff alleges that despite this mutation, the defendant's ownership claim is invalid, asserting that the property is part of a joint Hindu family estate.

(3.) I.A. No. 207 of 2024 was filed Order 6, Rule 17 of the CPC to amend the written statement that was filed by the defendant no. 1. It is the case of the petitioner that initially he claimed in his written statement that the property belonged to his father and was transferred to him through Record of Rights (ROR) proceedings, with mutation completed in 2006. The petitioner seeks to amend his WS to assert ownership and possession of the suit property through a purchase from a lawful owner, contradicting his previous claim of inheritance.