PRIT PAL SINGH BHASIN Vs. S. RANBIR SINGH

JUDGEMENT

(1.) THIS is an application under Order VI Rule 17 read with Section 151 of the Code of Civil Procedure, 1908 (CPC) seeking amendment of the plaint.

(2.) A suit for possession, permanent injunction and grant of mesne profits was filed by the Plaintiff alleging that property bearing municipal no.XIV/11186 -A, Bagh Rao ji, known as Doriwalan, Delhi measuring 135 sq.yds was owned by Late Sardar Darshan Singh Bhasin. On 02.04.2000, Late Sardar Darshan Singh Bhasin died intestate in USA leaving behind his widow i.e. Defendant no.3 and children, i.e. the Plaintiff and Defendants no.5 to 7. Another small portion measuring about 25 sq. yds adjacent to the property owned by the Plaintiff and Defendants No.3 to 7, bearing municipal no.XIV/11187 -A, Bagh Raoji, Delhi, a lease hold portion was purchased and acquired by Defendant no.3 in or around 1985 and this portion also got amalgamated and merged into the house property of Late Sardar Darshan Singh Bhasin. It is the case of the Plaintiff that sometime in the year 1987, Late Sardar Darshan Singh Bhasin was granted Visa for USA and at the instance/suggestions/guidance of one Raghubir Singh Kohli, he executed a General Power of Attorney(GPA)/Special Power of Attorney(SPA) in favour of the said Raghubir Singh Kohli to look after, manage, rent out or sell the property if need be in his absence.

(3.) IN the application for amendment, it is stated that at the time of Late Sardar Darshan Singh Bhasin 's visit to India on 04.03.1999 (inadvertently earlier mentioned as 05.04.1999), he cancelled the Power of Attorney as stated above as also a Will dated 15.07.1987. Consequently, the Plaintiff wants to amend para 10 of the plaint. The application is opposed by Defendant no.1 on the ground, inter alia, that the story set up in the plaint as also in the application is false and concocted and hence, the application is liable to be dismissed. It is stated that the Plaintiff has no right, title or interest in the suit property which was sold by Late Sardar Darshan Singh Bhasin to Defendant no.1 and his brothers in the year 1987 for valuable sale consideration. It is stated that no notice of execution of the cancellation deeds was given by the Plaintiff as Late Sardar Darshan Singh Bhasin to Defendant no.1 or his brothers.