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2011 Supreme(Mad) 3324

K.VENKATARAMAN
Joseph – Appellant
Versus
Punidha Aarokia Annai Peraalayam Rep. by its Bishop – Respondent


Advocates Appeared:
For the Petitioner:D. Krishnakumar for M/s. Sendhil Swamy Associates, Advocates.
For the Respondent: --------

JUDGMENT :-

1. The defendant before the learned District Munsif, Nagapattinam aggrieved over the order in dismissing his application in I.A.No.175 of 2011 in O.S.No.549 of 2006 for filing additional written statement is before this Court.

2. The respondent herein has filed the said suit against the petitioner herein for his eviction. In the said suit, the petitioner has filed written statement admitting that he is the tenant under the respondent herein. While so, he seeks to file an additional written statement giving a go-by to the earlier written statement and now, he seeks to raise that the respondent herein is not a owner of the premises and that the petitioner is not a tenant under him. The Court below came to the conclusion that the same cannot be permitted and dismissed the application.

3 I am also in total agreement with the findings of the learned trial Judge. In (2007) 5 SCC 602 (Usha balashaheb Swami and others Vs Kiran Appaso Swami and others) the Hon'ble Apex Court held that "a new ground of defence or substituting or altering a defence or taking inconsistent pleas in written statement can be allowed as long as the amended pleadings do not result in causing grave injust







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