CHARANJEET SINGH Vs. RAJ KUMAR

JUDGEMENT

(1.) The challenge in this petition is to the order dated 20th February, 2019 by which the application under Order VI Rule 17 CPC filed by the Petitioners herein/Plaintiffs (hereinafter 'Plaintiffs') was rejected by the Trial Court. The primary ground on which the Trial Court had dismissed the application was that the Plaintiffs were trying to expand the scope of the subject matter of the suit by attempting to change the site plan and further, the Trial Court came to the conclusion that the Plaintiffs were trying to fill up the lacunae in the case.

(2.) A suit for possession and damages was filed by the Plaintiffs against the Respondent herein/Defendant - Shri. Raj Kumar (hereinafter 'Defendant') in respect of Municipal No. 18/18, W.E.A., Karol Bagh, New Delhi. The case of the Plaintiffs was that one portion of the Barsati floor was rented to the Defendant in 1979. However, the Defendant thereafter broke open the locks of the other Barsati room and trespassed into the said area. In effect, the Defendant took possession of the entire second floor. The relevant paragraphs in the plaint are as under:

(3.) The reliefs prayed for in the suit are as under: