BIJAY MAHTO Vs. SURAJ RAM MAHTO AND ANOTHER

JUDGEMENT

(1.) Aggrieved of order dated 13.04.2017 by which an application for amendment in the plaint has been allowed, the defendant has approached this Court.

(2.) Title Suit No.268 of 2013 was filed for a decree of declaration of the plaintiff's right, title and interest over the suit property and for a declaration that the defendant is occupying the suit property as gratuitous licensee. A decree for recovery of possession of the suit property and for payment of Rs.10,400/- as mesne profit have also been prayed. The plaintiff's claim that the land comprised in C.S. Plot No.2088 appertaining to C.S. Khata No.37 within Mouza Hirapur was joint immovable property of Dharu Mahto and his sons/grandsons, for partition of which a Title (Partition) Suit No.66 of 1931 was instituted. It is pleaded that there was an amicable partition through family arrangements amongst five sons of Rashik Mahto, after his death and the defendant-Bijay Mahto in urgent need of money decided to sell the licensed premises. The offer of sale was accepted and it culminated in registration of a sale deed, dated 15.10.1966 for valuable consideration. The defendant filed written statement contesting the claim of the plaintiffs for declaration of their right, title and interest over the suit property. The defendant pleaded that he is not liable to quit and vacate the licensed premises, for in Title (Partition) Suit No.66 of 1931 the final decree was not prepared. In the pending suit, after the issues were settled, an application dated 24.11.2016 was filed for incorporating the following paragraphs at the end of paragraph No. 9 in the plaint:

(3.) Mr. Jitendra Kumar Pasari, the learned counsel for the petitioner contends that after the defendant disclosed his stand in the written statement, the plaintiffs now intend to change the description of the suit land which cannot be permitted. The learned counsel further submits that, infact, the application for amendment was filed when the case was fixed for plaintiff's evidence.