SC Sends Property Dispute Back for Fresh Consideration After Contested Amendment.
02 December 2024
Civil Appeals >> Civil & Consumer Law
In Jayanandan & Another v/s Suresh Kumar & Another., the appellants filed an appeal against the Kerala High Court's judgment which partly sustained the First Appellate Court's decision in favor of the respondents. The case involved a dispute over the ownership and possession of a suit property, which the appellants (plaintiffs) had acquired through a sale deed in 2004. The respondents (defendants) had attempted to create a pathway through the property by removing trees, prompting the appellants to file a suit for injunction and damages.
The Trial Court ruled in favor of the plaintiffs, but the First Appellate Court allowed the defendants' appeal after granting them permission to amend their written statement to claim an easementary right over the disputed pathway. The amendment was allowed on the same day the appeal was decided, and no further evidence was recorded. The appellants contested this decision, arguing that the amendment required additional evidence.
The High Court partially allowed the appeal but upheld the First Appellate Court’s decision regarding the easementary right. In the Supreme Court, it was found that the First Appellate Court had not properly considered the impact of the amended written statement and failed to record evidence to support the defendants' new claim. Consequently, the Supreme Court set aside the High Court's judgment and remanded the case back to the First Appellate Court for reconsideration with a direction to record evidence based on the amended written statement.