MANIBHAI PUNJABHAI AMIN Vs. NATVERLAL MANILAL AMIN

JUDGEMENT

(1.) The petitioners herein who are the original defendants Nos. 1 2 and 3 challenge the order of the learned trial Judge dated 16-12-1983 below Exhibit 76 in special Civil Suit No. 30 of 1980 whereby the learned trial Judge has rejected the application of the petitioners-defendants for amendment of the written statement.

(2.) Opponent herein is the original plaintiff (hereinafter referred to as `plaintiff) who had filed a suit against the petitioners-defendants for a decree for possession of the suit land on the ground that he had purchased the suit land from one Dahyalal Naranbhai for a consideration of Rs. 1500/- in the year 1958. The plaintiff originally con- tended that he was in possession of the suit land and had prayed for temporary injunction also but after the temporary injunction was refused he amended the plaint and prayed for possession of the suit land. It can therefore be inferred that the defendants are in possession of the suit land.

(3.) The contention of the defendants is that defendant No. 1 is the father of defendants No. 2 and 3 and also of the plaintiff. The case of the petitioners-defendants in a nutshell is that the said land was purchased by defen- dant No. 1 from one Dahyabhai Naranbhai in the year 1958 and since the plaintiff was his eldest son the pro- perty was mutated in the name of the plaintiff. It was further contended that defendant No. 1 was the owner of the said land and was cultivating the same and has continuously remained in possession thereof. The defendants further contended that the plaintiff was serving in a mill at Ahmedabad and was never cultivating the suit land nor was he the owner thereof.