MANOHAR SINGH Vs. I C SHARMA

JUDGEMENT

(1.) By this order I propose to decide I.A. No. 20054/2013 filed by the defendant under Order VI Rule 17 read with Section 151 CPC for seeking amendment in the written statement.

(2.) The plaintiff filed a suit for possession, recovery of damages and injunction against the defendant stating that the plaintiff is the owner of plot no. 11 now known as property bearing No. D-144-B (hereinafter referred to as the "suit property") situated in Khasra No.38 in the revenue estate of Neb Sarai, Tehsil Mehrauli, New Delhi (hereinafter referred to as the "said land"). It was stated that the plaintiff had sub-divided the entire land in the year1990 into 24 plots and the defendant illegally encroached and took illegal possession of the suit property on which he has raised construction somewhere in the year 2004.

(3.) In the written statement filed by the defendant, it was stated that the defendant along with his wife had purchased the suit property for a consideration of Rs.5 lacs from one Sumitra Devi against various documents dated 28th March, 2000 and the GPA and Will which was duly registered with the office of the Sub-Registrar, Delhi and the possession thereof was handed over to them. The suit property was initially sold by the plaintiff himself to one Rashmi Gupta vide GPA and Will registered with Sub-Registrar, Delhi dated 28th October, 1992 and thereafter has been sold from time to time, lastly to Sumitra Devi from whom the defendant and his wife purchased the same. It had been stated that defendant had applied for house tax and electricity connection in his name for the suit property. Therefore, the plaintiff had no cause of action to file the suit and the suit is also barred by time besides being barred under Section 185 of Delhi Land Reforms Act, 1954.