BAI GALAL RAMSHI Vs. VRAJLAL ICHHASHANKER

JUDGEMENT

(1.) This is a revision petition filed by the original defendent against the plaintiffs-opponents under sec. 115 of the Civil Procedure Code. The opponents filed a Civil Suit No. 31 of 1967 in the Court of the Civil Judge (J.D.) Talaja for recovery of possession of suit land from the petitioner. According to them they are the owners of the suit land and are in possession of it. The petitioner obstructs their possession and has made an application in the Mamlatdars Court to have it mutated to her name claiming the land to be hers.

(2.) The petitioner filed a written statement on 24th July 1967 and denied the claim of the opponents and challenged the maintainability of the suit.

(3.) On 9th February 1968 by an application Ex. 21 she sought permission for an amendment of a written statement. By that application she wanted to take up three further contentions in regard to maintainability of the suit. One of them was that there was a previous suit between the parties and due to the decision given In that suit the suit was barred by res judicata. Another contention was that the suit being a suit for taking possession of the suit land on the ground of ownership the market value of the land being over 10 0 rupees at the date of the suit the Court has no jurisdiction to hear the suit. The alternative contention that was to be taken up was that the suit was barred by limitation. Another alternative contention was about adverse possession.