RAJESH SHARMA Vs. KRISHAN PAL

JUDGEMENT

(1.) Vide this application the Plaintiff wants to amend the plaint so as to add the relief of possession of the suit property in the prayer clause. The Plaintiff had initially claimed declaration that the sale deed dated 16th January, 2006 executed in respect of suit property is null and void. He also sought cancellation of the aforesaid sale deed and a declaration that he is the owner in possession of the suit land. An injunction was also sought restraining the Defendants from dispossessing him from the suit property and getting it mutated in the name of the Defendant No. 1.

(2.) In the application under consideration it has been alleged that during pendency of the suit, the Defendants on 10th December, 2009, forcibly dispossessed the Plaintiff from the suit property, in disregard to the status quo order passed by the Court. The Plaintiff therefore wants to amend the plaint so as to add the relief of possession of the suit property.

(3.) The application has been opposed by the Defendants on the following three grounds: