Andhra HC (Pre-Telangana)
Rafeeq Ahmed vs Hameed Ahmed Khan And Ors. on 8 March, 2006
Equivalent citations: 2006(3)ALD660, AIR 2006 ANDHRA PRADESH 1479, 2006 A I H C 2535, (2006) 3 ANDHLD 660, (2006) 5 ANDH LT 580, 2006 AIHC 2535
Author: L. Narasimha Reddy
Bench: L. Narasimha Reddy
ORDER L. Narasimha Reddy, J.
1. The petitioner filed O.S. No. 76 of 2002 against respondents 1 to 8, in the Court of Junior Civil Judge, at Godavarikhani. The 1st respondent is his brother, and respondents 2 to 8 are said to be the tenants. The petitioner claimed the relief of partition against the 1st respondent, and the relief of perpetual injunction against respondents 2 to 8, restraining them from alienating the suit schedule property. The 1st respondent remained ex parte. In their written statement, respondents 2 to 8 pleaded that they purchased the suit schedule property from the maternal grand-mother of the petitioner.
2. Petitioner filed I.A. No. 179 of 2003 under Order 6 Rule 17 C.P.C., with a prayer to permit him to amend the plaint, to add the relief of declaration of title and recovery of possession against the respondents 2 to 8. The trial Court dismissed the I.A., through order dated 31-7-2003. Hence, this C.R.P.
3. Heard the learned Counsel for the petitioner and learned Counsel for respondents 2 to 8.
4. Admittedly, the suit was filed for the relief of partition against the 1st respondent, and perpetual injunction against respondents 2 to 8, restraining them from alienating the suit schedule property. The 1st respondent remained ex parte. Therefore, there did not exist much of a difficulty for the petitioner, in securing the relief of partition.
5. In the written-statement filed by them, respondent Nos. 2 to 8 pleaded that they are in possession of the suit schedule property as owners, having purchased the same from the maternal grand-mother of the petitioner. On noticing this, the petitioner intended to alter the relief, in the present suit.
6. A perusal of the affidavit filed in support of the I.A., as well as the petition, discloses that, except addition of the following relief, viz., (1) a decree, declaring that plaintiff is owner of the suit land measuring Ac.3-28 guntas in Sy.No. 213/B at Elkalapalli, V/o. Ramagundam Mandal of Karimnagar District may be granted (2) A decree directing the defendant Nos. 2 to 8 to delivery the defects possession of the vacant suit land to the plaintiff may be granted.
The petitioner did not seek any other amendment to the plaint. It is rather surprising that the petitioner treated the plaint filed for the relief of partition against respondent No. 1, and perpetual injunction against respondents 2 to 8, as proper and appropriate for the relief of declaration of title and recovery of possession against respondents 2 to 8. It hardly needs any emphasis that the cause of action and nature of pleadings are bound to be radically different for the two kinds of reliefs, indicated above. It appears that proper attention was not bestowed, while submitting the plaint at the initial stage, or while submitting the application for amendment, at a later point of time.
7. Be that as it may, the relief of declaration of title and recovery of possession is so independent and important, that it can hardly be treated as a supplementary one, to that of a decree for partition or perpetual injunction. The facts constituting the cause of action for these two kinds of reliefs are totally different. The proposed amendment, even if it is otherwise in order, would result in substantial alteration of the nature of the suit and cause of action. The trial Court noticed the same and had rightly rejected the I.A. In the matter of avoiding multiplicity of suits, prayers, which are almost inconsistent with each other; cannot be incorporated in the same plaint, that too, without there being any properly factual background. If the petitioner is so advised, he can file an independent suit for the very reliefs, which he proposes to claim in the present suit.
8. The C.R.P. is accordingly dismissed. There shall be no order as to costs.