DEVI RANI Vs. JASWANT SINGH

JUDGEMENT

(1.) This is an application under Order VI Rule 17, read with Section 151 CPC, moved by the plaintiffs for amendment of the plaint. Plaintiffs have filed the above suit to be declared as owners of the property bearing No. 5685, Gali No. 79-80, Reghar Pura, Karol Bagh, New Delhi. The declaration is sought on the basis of a Will executed by the deceased Mai Singh in favour of plaintiffs 1 and 2. Prayer in the suit was for plaintiffs 1 and 2 to be declared as sole owners of the property, debarring defendant not to cause eclipse of the right, title or interest of the plaintiffs in the suit property. An application under Order XXXIX Rules 1 and 2, CPC, i.e. I.A.No. 5732/2002 was also moved, wherein it was averred that the defendant had extended threats to vacate the portion under his occupation in the suit property and hand over the same to the defendant's brothers Sh. Balbir Singh and Sh. Bhagat Singh. An ad-interim injunction was sought to restrain the defendant from handing over possession of the property in his possession to the aforesaid Balbir Singh and Bhagat Singh and defendant was further sought to be restrained from harassing the tenants and in particular one tenant Balaji. Plaintiffs in the plaint had also made an averment that they reserve the right to seek appropriate remedy against the defendant about possession in case any such cause of action accrues.

(2.) Before adverting to the pleas raised in opposition to the application for amendment, the facts relevant as they emerge from pleadings, may be noted:

(3.) In the aforesaid facts, the present application for amendment I.A.No. 328/ 2003 has been moved. In the application for amendment, the following pleas/ claims are sought to be included in the plaint: (i) Claim for charges of occupation of the hall at the first floor by the defendant. It is averred the said portion could be let out to a tenant at the rate of Rs. 3,000/- per month in the open market with effect from 7.5.2002 after the death of Mai Singh. (ii) Claim for payment of electricity and water charges against the tenant. Plaintiffs seek to claim water charges at Rs. 30/- per month and electricity charges at Rs. 700/- per month. (iii) Plaintiffs it is stated had reserved their rights for seeking the remedy for recovery of possession. On account of the relations having become strained between the parties, it is claimed that plaintiffs are not interested in keeping the defendant any longer in the suit property and, therefore, are seeking the relief of possession. The permission to use the premises is sought to be terminated w.e.f. 22.11.2002. Consequently, the averment made in the plaint earlier that plaintiffs have no objection if the defendant remains in permissive user of the hall in suit property, is sought to be deleted. Subsequent event is sought to be incorporated as tenant Balaji is stated to have left the premises.