CHATUR BHUJ PRASAD KHATTRI Vs. HARI NARAIN KHATTRI

JUDGEMENT

(1.) This revision is directed against an order of the Court below whereby it has allowed the defendants to amend the written statement by raising a plea of adverse possession in their written statement.

(2.) The plaintiff appears to have filed a suit for declaration in respect of a suit property which was resisted by the defendants on the ground that the suit property was purchased on 3-8-1939 from the funds of the defendants in the name of the plaintiff. The transaction was Benami. The defendants have further stated that the house in question which is suit property was demolished and reconstructed along with other portions of already existing house, under the integrated construction scheme. In para 15 of the written statement, the defendants have stated that the suit property has remained in their possession and they were exclusive owners thereof to the knowledge of the plaintiff and all others and their names were entered as owners over the disputed house in the Municipal records.

(3.) With the coming into force of the Benami Transactions (Prohibition) Act, 1988, the defendants wanted to amend the written statement so as to raise a specific plea of adverse possession and set up the plea that they have become the owners of the suit property by virtue of the adverse possession. The Court below has all owed the amendment, hence this revision.