- (1.) This Civil Revision Petition is filed by the defendant against the order dated 14.10.2008 in IA. No. 112/2008 in OS. No. 366/2006 passed by the learned Additional District Munsif (In-charge) Padmanabhapuram, allowing the amendment of pleadings sought for by the respondent/Plaintiff.
(2.) The brief facts are as follows: The respondent/plaintiff filed the above said suit for bare injunction, contending that the suit property belonged to her father-in-law, which was gifted to her son Selvaraj, nominating the respondent as his guardian by a Gift Deed bearing Document No. 1918/1972 registered with the Sub Registrar Office, Thiruvettar. According to the respondent, her husband deserted her and so she got married to one Kochu in the year 1972 and got three children through him. The respondent was in possession and enjoyment of the suit property and mutation had been effected in the revenue records in her name. Her son Selvaraj died in the year 1992. According to the respondent, the petitioner/defendant had no manner of right and the petitioner taking advantage of her distant proximity to the suit property attempted to interfere with her peaceful possession and enjoyment on 13.11.2006, which was thwarted successfully. Since the petitioner again attempted to interfere with her possession, the respondent has filed the above said suit for bare injunction restraining the defendant from interfering with her peaceful and enjoyment of the suit property.
(3.) Pending the suit, the respondent filed a petition for amendment on the ground that through one Balakrishnan, a friend of her son Selvaraj, with whom he stayed for few years, she came to know that his son had left a Will dated 15.5.1992 bequeathing the suit property in her favour. So she claimed title to the suit property by way of the said Will and sought for amendment for addition of few facts as to how she derived title and also to amend the prayer for inclusion of the relief of declaration of title.;