Daison vs Subhadra & Anr.

SOUMEN SEN, C.J.

This Revision Petition is filed against the order passed by the Principal Munsiff Court, Palakkad, in execution proceedings, wherein the petitioner filed an application seeking amendment of the counter statement inter alia to incorporate a plea that, since Chamunni, the husband of R1 and father of R2 had insisted on payment in cash, he had recieved the entire balance sale consideration in cash and had returned the remaining cheques dated 05.08.2016, 11.08.2016, 21.08.2016, and 30.08.2016 without presenting them for collection before the bank. It was also sought to be incorporated by way of amendment that Chamunni has received the entire sale consideration mentioned in the sale deed and there was no dispute with regard to the same till filing of the claim petition. The claim petitioner and her children have direct knowledge regarding the sale deed, receipt of sale consideration etc. and that there were several liabilities for Chamunni and the said liabilities were closed using funds given by the respondent.

In the original pleading, however it was contended that Chamunni has encashed one cheque dated 28.07.2016 issued by the respondent (petitioner herein) and that if any of the cheque is unpaid as dishonored, Chamunni ought to have filed complaint under Section 138 of the Negotiable Instruments Act, 1881. The above mentioned amendments were sought to be introduced at the stage of execution of the decree, after the Rent Control Court had arrived at a finding in the original petition, wherein it was open to the petitioner to amend the counter statement filed by him. At the stage of execution, such an amendment could not have been allowed. We are of the view that refusal to allow the amendment to the extent sought for does not call for any interference.

The OP(RC) is accordingly disposed of.

Exhibit P1 A TRUE COPY OF THE JUDGMENT DELIVERED IN RENT CONTROL APPEAL NO 18 OF 23 DATED 25.1.24 ON THE FILE OF THE RENT CONTROL APPELLATE AUTHORITY , PALAKKAD NO3

Exhibit P2 A TRUE COPY OF THE EXECUTION PETITION NO 108 OF 23 IN R C P NO 49 OF 18 FILED BEFORE THE RENT CONTROL (PRINCIPAL MUNSIFF ) COURT, PALAKKAD DATED 4.9.23

Exhibit P3 A TRUE COPY OF THE E A NO 208 OF 24 IN E P NO 108 OF 23 DATED 16.3.24 IN R C P NO. 49 OF 18 ON THE FILE OF THE PRINCIPAL MUNSIFF COURT, PALAKKAD

Exhibit P4 A TRUE COPY OF THE COUNTER STATEMENT OF THE DECREE HOLDER IN E A NO 209 OF 24 IN E P NO 108 OF 23 IN R C P NO. 49 OF 18 ON THE FILE OF THE PRINCIPAL MUNSIFF COURT, PALAKKAD DATED 18.3.24

Exhibit P5 A TRUE COPY OF THE COUNTER STATEMENT FILED IN E A NO 208 OF 24 IN E P NO 108 OF 23 IN R C P NO. 49 OF 18 ON THE FILE OF THE PRINCIPAL MUNSIFF COURT, PALAKKAD DATED 18.3.24

Exhibit P6 A TRUE COPY OF E A NO 621 OF 24 IN E A NOS 208 AND 209 OF 24 I N E P NO 108 OF 23 IN R C P NO 49 OF 18 DATED 19.11.24 ON THE FILE OF THE PRINCIPAL RENT CONTROL COURT, PALAKKAD

Exhibit P7 A TRUE COPY OF THE ORDER PASSED IN E A NO 621 OF 24 IN E A NO 208 AND 209 OF 24 IN E P NO 108 OF 23 IN R C P NO 49 OF 18 DATED 26.11.25