JAI KARAN SINGH Vs. BALAK RAM

JUDGEMENT

(1.) This civil revision under Section 115 of the Code of Civil Procedure, 1908 is directed against the judgement and order dated 11th September, 2012 passed by the Additional Civil Judge (Senior Division), Court No. 2, Ghaziabad in Suit No. 173 of 2004 (Balak Ram and others v. Jai Karan Singh and others), whereby the amendment application moved by the defendants-revisionists to amend the written statement has been rejected.

(2.) Briefly stated, the facts are that the plaintiffs-opposite parties instituted a suit, registered as Suit No. 173 of 2004 (Balak Ram and others v. Jai Karan Singh and others), for ejectment of the defendants from the suit property; recovery of a sum of Rs.2000/- against the defendants; and, for permanent prohibitory injunction for restraining the defendants from making any interference in the possession of the plaintiffs over the suit property. The case of the plaintiffs was that the suit property was owned by Sri Raj Kumar, son of Sri Ghanshyam Das Khetavat, and Sri Rishi Dev Batra, son of Sri Sewa Ram Batra. The plaintiffs purchased the said property by a registered sale-deed dated 10th April, 1985 and were put in possession by the vendors. The total area of the land in question was 8 biswa. The plaintiffs, after purchasing the suit property, have constructed four shops and three rooms. The defendant no. 1 is father of the defendant nos. 2 and 3 and real brother of the plaintiffs. The defendants have caused interference in the possession of the plaintiffs over the suit property and tried to stop the construction activity. It appears that the revisionists-defendants instituted the proceedings of Original Suit No. 1312 of 2002 and moved an application for temporary injunction therein, which was rejected by the trial Court, and the suit is said to be still pending. It is stated that the defendants, in order to dislodge the plaintiffs from the suit property, broke open the locks of the shops and rooms constructed over the suit property in the intervening night between 24/25th January, 2004 and a criminal proceeding under Section 145 Cr.P.C. was initiated.

(3.) The defendants have filed their written statement and contested the suit. Later on, they moved an application for amendment in the written statement to incorporate the facts about the proceedings under Section 145 Cr.P.C.