SURENDRA BISWAL AND ORS. Vs. BHARAT CHANDRA JENA AND ANR.
HIGH COURT OF ORISSA
Surendra Biswal And Ors.
Bharat Chandra Jena And Anr.
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P.K.Mohanti, J. -
(1.) THIS revisional application is directed against an order refusing leave to amend the written statement.
(2.) THE Plaintiffs -opposite parties brought Money Suit No. 190 of 1973 for recovery of a sum of Rs. 770/ - as compensation for alleged removal of cocoanuts from the trees standing on plot No. 1803 under Khata No. 660. The Plaintiffs' case was that they purchased the land with the cocoanut trees by a registered sale -deed dated 19 -8 -1970 from one Madhusudan Nanda who had obtained the same by a lease from the State of Orissa on 4 -1 -1968. The Defendants filed written statement contending, inter alia, that the suit was bad for nonjoinder of parties and that neither the Plaintiffs nor their vendor had right, title or possession over the land at any point of time. It was alleged that the deity Jageswari Thakurani is the owner in possession of the land in question and that the cocoanut trees had been planted by the villagers on behalf of the said deity and they have been in possession and enjoyment of the same since the year 1935.
(3.) BY a petition dated 5 -1 -1978 the Defendants sought for leave to amend the original written statement by way of addition of the following averments.
(a) The State Government, Madhusudan Nanda and Jageswari Thakurani have not been made parties to the suit.
(b) The lease deed said to have been obtained by Madhusudan Nanda from the State of Orissa is illegal, void and inoperative. The land covered under the said lease being a communal land could not vest in the Government and as" such, the Government was not competent to lease out the same.
(c) The lease was not duly executed as the Governor has not executed the same.;
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