Paramjit Singh Vs. Bimla Devi and ors. - Court Judgment

Excerpt:

.....of a person governed by customary law and constitutional validity of section 14 of hindu succession act. thus there is no real conflict between the two full bench judgments. both the full bench judgments have been delivered on the assumption that joginder singhs case dealt with question of alienation whereas pritam singhs case had decided the question concerning succession. even on fact in joginder singhs case the issue was validity of alienation by consent decree by a father to his two sons, which was challenged by third son, whereas in pritam singhs case the question of nature of property in hands of sons on death of their father had arisen for purposes of assessment of estate duty. in pritam singhs case the property in the hands of the sons was held to be coparcenary property and only 1/3rd of property belonging to deceased father was considered eligible for estate duty. therefore, there was no question of alienation in pritam singhs case.k. kannan, j.1. the revision is against an order dismissing an application for amendment of written statement. the tenant had originally filed a written statement admitting his status as a tenant but later sought an amendment of the pleadings contending that the original owner of the property from whom he took possession had executed a will in his favour and that by virtue of the will, he had himself become the owner of the property. the court below dismissed the application.2. while the courts shall normally be lenient in consideration of matters of amendment to the written statement, courts shall also see the degree of inconsistency that is sought to be introduced by the amended pleadings. a person who had admitted his status as a tenant cannot by an amendment make a denial of such status and set up title in himself. it will amount to deflecting the whole scope of proceedings and an amendment that abnegates an admission already made in the course of proceedings cannot be allowed except under extra ordinary circumstances. the court below has approached the issue in the right perspective and i do not find any extraordinary circumstance that should occasion a different approach,.....