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1962 Supreme(Ker) 204

T.K.JOSEPH
CHEKKUTTY – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

1. This civil revision petition is directed against an order refusing amendment of the plaint. The suit was for a declaration of the plaintiff's title to and possession of the property described in the schedule annexed to the plaint and for a perpetual injunction restraining the defendant, the State, from dispossessing him. The case put forward was that the property was part of old survey Nos. 34/9, 342 and 40/1 of Elathoor Amsom, Perumthuruthu Desom, which he had purchased in 1940, that he and his predecessor-in-title were in possession of the same for over 75 years, that it was wrongly surveyed as part of R. S. No. 183/3 of Talukulathur Desom in resurvey and that the wrong survey proceedings could not affect his title. The amendment sought to be made was that the disputed property lay between his holding and the river and that it was an accretion to his property to which he became entitled as riparian owner. The court below dismissed the application holding that the proposed amendment would bring in a new cause of action and that the same could not be allowed as such a case was not put forward in the notice under S.80, Code of Civil Procedure, sent by the plaintiff be










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