JUDGMENT - R.K. Batta, J.:---This Revision is directed against order of Civil Judge, Junior Division, Quepem, allowing amendment sought by the respondent (defendant in the suit).

2.In order to appreciate the controversy relating to the amendment, it is necessary to briefly enumerate the facts :

Petitioner (plaintiff in the suit) claimed to be co-owner of property surveyed under No. 28/2 that the defendant has his common residential house in property under Survey No. 28/1 which also belongs to plaintiff and his family members; that in the month of December 1990, plaintiff noticed that the defendant without his consent and that of his brothers, had embarked upon construction of laterite masonry structure admeasuring 7 x 7 metres; that the matter was sought to be amicably settled and the plaintiff agreed to sell an area of 72 square metres to the defendant for a sum of Rs. 5,000/- of which a sum of Rs. 1,000/- was paid on the date of the execution of Agreement on 7-12-1990 and the balance amount of Rs. 4,000/- was payable in 4 equal monthly instalments of Rs. 1,000/- each payable on 17th January, 1991, 17th February, 1991, 17th March, 1991 and 17th April, 1991. Clause 2 of the said Agre

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