ALAKNANDA PROPERTIES PRIVATE LIMITED Vs. BALBIR SINGH

JUDGEMENT

(1.) By this order I propose to dispose of the application filed by the plaintiff under Order 6 Rule 17 of the Code of Civil Procedure praying for amendment of the plaint.

(2.) The plaintiff herein filed the suit in the year 1995 praying for a decree of permanent injunction restraining the defendants, their servants, agents and all other persons acting on their behalf from interfering with the possession of the plaintiff company of the suit properties. It is the case of the plaintiff in the plaint that defendants 1 to 7 were the owners of the suit properties, which were sold and alienated in favour of the plaintiff after receiving full and final payment of the entire sale consideration. It is also stated that the aforesaid sale and conveyance took place under an agreement entered into between the plaintiff and defendants 1 to 7, which was followed by execution of general power of attorney in favour of the duly constituted nominee/officer of the plaintiff company by the respective defendants. It is also averred in the plaint that the plaintiff company was also handed over possession of entire suit land by the defendants and that the plaintiff duly assumed possession of the"same on various dates from the defendants. It is further stated in the plaint that immediately after receiving possession of the suit property the plaintiff company constructed boundary wall over the suit property and they planted various types of trees and large variety of vegetables on the suit property and in that manner the plaintiff company continues to be in uninterrupted and peaceful possession of the suit property. It is averred that on 13.8.95 some persons, claiming to represent one Sh.Deepak Ghardwaj came to the suit properties and threatened the watchman of the plaintiff company on the ground that Sh.Bhardwaj had allegedly purchased some portion of the suit land. A criminal case was also instituted by the plaintiff company and in view of the aforesaid position, the present suit came to be filed by the plaintiff seeking for the aforesaid reliefs. Tt is necessary to mention also that along with the suit an application under Order 2 Rule 2 of the Code of Civil Procedure was also filed by the plaintiff. While issuing summons and notices to the defendants, an ad interim injunction was also passed by this court directing that the parties shall maintain status quo in respect of the property in question. After receiving summons and notices, the defendants entered appearance and filed their written statement contesting the aforesaid suit.

(3.) During the pendency of the suit, the aforesaid application application under Order 6 Rule 17 of the Code of Civil Procedure was filed by the plaintiff contending, inter alia, that subsequent to the filing of the aforesaid suit, a part of the suit land was illegally and unauthorisedly transferred by the defendant Nos.1 to 7 to the prejudice of the rights, title and interest of the plaintiff company as its owner. A detailed description of the aforesaid alleged transfer made by the defendants to the prejudice to the rights, title and interest of the plaintiff company have been given in the application and in terms thereof the aforesaid application is filed for bringing on record the subsequent development that has taken place subsequent to filing of the suit in this court. In the application, the plaintiff has sought for amendment of the plaint in the light of such subsequent development with consequent amendment in the reliefs sought for praying for a declaration that the aforesaid transfer made behind the back of the plaintiff which is prejudicial to the rights, title and interest of the plaintiff is illegal and void and that the same be set aside.