BAL BHAGWAN Vs. BALBIR SINGH

JUDGEMENT

(1.) There are two orders which have been impugned before this Court. The petitioner Balbir Singh is aggrieved by the order dated 18.10.2008 whereby the application filed by him under Order 6 Rule 17 of the Code of Civil Procedure (hereinafter referred to as the 'Code') seeking an amendment in his plaint had been declined. The second order impugned before this Court is the order dated 3.3.2010. The petitioner is the defendant in the trial Court namely Bal Bhagwan; he is aggrieved by the finding returned by the trial Court allowing the impleadment of legal representatives of deceased Phool Singh on the application filed by the plaintiff under Order 22 Rule 3 of the Code. Both these petitions shall be disposed of by this common order.

(2.) Record shows that a suit for permanent injunction had been filed by the four plaintiffs; the averments in paras 1 & 2 of the plaint are to the effect that Shamlat Deh of Village Khampur Raya is the owner of the disputed land comprised in Khasra No. 1075/803/50 min measuring 4 bighas 13 biswas situated in the revenue estate of village Khampur Raya, New Delhi. Further contention is that the plaintiffs are in possession of the said land and managing it. The plaint nowhere averred that the plaintiffs are in possession of the suit land as owners; contention is that they are managing the said land as co-sharer of Shamlat Deh. Prayer for injunction had been sought by the plaintiffs; contention was that the defendant was illegally and unauthorizedly interfering with the possession of the suit land; plaint was filed on 18.5.1999.

(3.) Written statement was filed disputing these contentions. It was stated that the possession of the suit land by the defendant is legal; they had become owners by way of adverse possession.