(Civil Revision Petition is filed against the order dated 9.3.2005, made in I.A.No.21 of 2004 in O.S.No.211 of 2001 passed by the learned District Munsif, Kangeyam.)

The plaintiff is the revision petitioner. He filed the suit O.S.No:211 of 2001 for permanent injunction based on the Hibba given to himself and his brother by Ayesha Bibi and under the said Hibba, the first defendant is granted mere right of enjoyment and the vested interest in the suit properties is given in favour of the plaintiff and his brother.

2. The defendants in their written statement pleaded that without a prayer for declaration, the suit is vitiated. the first defendant is in constructive possession of the suit property under the Hibba and so, the plaintiff cannot seek to amend the plaint to declare that the first defendant is in constructive possession for and on behalf of the plaintiff.

3. In such circumstances, the plaintiff filed I.A.No:21 of 2004 under Order 6 Rule 17 CPC to amend the plaint, contending that the first defendant is in constructed possession as set out in the plaint. The said possession of the first defendant is only under the Hibba and that is why he seeks for amendment praying