UDAY KHANNA Vs. PREETI KHANNA

JUDGEMENT

(1.) Learned counsel for the parties are directed to maintain the status quo with regard to the title of the property in question. However, to avoid the property from being wasted, defendants are permitted to lease/rent out the property in question.

(2.) Learned counsel for the plaintiff states that the amendment has been necessitated in view of the defence taken by the defendants in their written statement, where for the first time, they introduced a fabricated and forged registered document being the Gift Deed dated 03rd February, 1987.

(3.) On the other hand, learned counsel for the defendants pray that this Court should refuse the amendment application as the same is barred by limitation. They state that the Gift Deed which has been in public domain for 30 years, cannot be challenged now. In support of their submissions, they rely upon the judgment of the Supreme Court in Radhika Devi Vs. Bajrangi Singh & Ors. (1996) 7 SCC 486, wherein it has been held as under:-