SAHDEV SETH Vs. VIDYA WATI SETH

JUDGEMENT

(1.) This Civil Revision has been filed by Shri Sehdev Seth, defendant in Suit No. 624 of 1965, on the file of the Court of Shri S. C. Ahuja, Subordinate Judge, 1st Class, Delhi, against an order, dated March 2, 1972, passed by the learned Subordinate Judge allowing an amendment of the plaint prayed for by the plaintiff, Shrimati Vidya Wati Seth, under Order 6, Rule 17 of the Code of Civil Procedure.

(2.) Shrimati Vidya Wati Seth, widow of Shri Multani Ram Seth, filed the aforesaid suit for a declaration that she was the owner and in possession of plot No. 69, Road No. 42, measuring 533.33 square yards. Class "C, situated in Punjabi Bagh, Delhi, and that Shri Sehdev Seth, defendant in the suit. had no interest in the said plot.

(3.) According to the plaint filed in the suit, the plaintiff's husband, Shri Multani Ram Seth, was a displaced person from Lahore, and he settled at Delhi after the partition of the Country. He was duly registered as a displaced person at Delhi under Refugee Registration Certificate KAR 829 (l)-v on November 21. 1947. He became a member of the Refugee Co-operative Housing Society Limited, and the Society agreed to allot one plot in his name. Accordingly, plot No. 69, Road No. 42, measuring 533.33 square yards. Class "C", was allotted to him by the Society. Shri Multani Ram Seth had given the name of the plaintiff as his nominee. Subsequently, on June 22, 1955, Multani Ram Seth died. The plaintiff thereupon made an application to the Society on July 30, 1955. informing it about the death of her husband and requesting that the share held by him be transferred in her name, being his nominee. The Society agreed to allot one Class "C" plot to the plaintiff as per an agreement, dated January 10, 1959, subject to the payment of the development charges and other call money as and when the same would be demanded. It was alleged that the plaintiff paid all the call money and other demands which were made from time to time by the Society and that she was, therefore, entitled to the execution of a sale deed in her favour by the Society in respect of the said plot.