RAM KISHAN SHARMA Vs. BHAGWAN SHARMA

JUDGEMENT

(1.) The plaintiff claiming himself to be the owner in possession of the plot in question filed a suit for possession and permanent injunction besides damages. In paragraph I of the plaint he alleged that he had purchased the suit plot along with other land from one Chaudhary Tek Chand and that thereafter he had sold away certain portions of the land so purchased to different persons but had retained the suit plot for himself and that on a particular dale he found the present respondents trying to make some construction over there. The respondents-defendants filed their written statement contesting the suit. In reply to the assertion of the plaintiff that he had purchased land from the person noted above, the defendants took the plea that the plaintiffs should be put to strict proof of the same. It was further stated that the plaintiff should prove his assertion with regard to his having bifurcated the land in the shape of plots and having sold them off excepting the suit plot. They also claimed themselves to be in possession of the suit properly. Interestingly, while saying all this, they admitted having purchased the suit plot from none other but the plaintiff himself. Later on issues were cast and admittedly no issue on the point of title of the plaintiff was framed. Anyhow, what is important for our purposes is that after part evidence had been recorded the defendants applied for amendment of the written statement. They wanted to substitute para 1 of the. written statement with the following:

(2.) The original paragraph runs as under:

(3.) They also wanted to incorporate additional paragraph 7 in the written statement as a preliminary objection. The proposed paragraph is in the following terms:-