DAKSHINANCHAL VIDYUT VITRAN NIGAM LTD Vs. RAJEEV KUMAR

JUDGEMENT

(1.) Heard Sri Anurag Asthana, for the petitioner and Sri Vishnu Gupta, for the respondent.

(2.) This petition has been filed for setting aside the order of Additional District Judge dated 17.02.2016, dismissing amendment application of the petitioner, for amending written statement, under Order 6 Rule 17 read with Section 107 and 153 C.P.C.

(3.) Rajeev Kumar (the respondent) filed a suit (registered as O.S. No. 647 of 2011) for demolition and removal of construction and delivery of possession over part of plot 19 (north-west side) of village Kukri Kheda alias Aurangabad, tahsil Kol, district Aligarh as well as for mesne profit and damages for use and occupation. It has been stated in plaint that the petitioner was owner of plot 19 (area 5-6-0 bigha) aforesaid, which was purchased by his great grand father in auction dated 14.02.1916. In private partition between two brothers of grand father in the year 1928, it fell in share of Pradumn Kishan, his grand father, whose name was also recorded in revenue record. Land in dispute was used by his grand father for the purposes of brick kiln. After death of grand father, it was inherited by his father, Upendra Kumar, who also sold different portion of it to several persons. Land in dispute was within purview of Urban Land (Ceiling and Regulation) Act, 1976. Pradumn Kishan submitted his return under Ceiling Act, 1976, showing the land in dispute as his land. Competent Authority by his order dated 07.09.1978 declared it as vacant land. Appeal and writ petition filed against the order of Competent Authority were dismissed. However Special Leave was granted and Civil Appeal No. 5 of 1986 was filed before Supreme Court. During pendency of this appeal, Urban Land (Ceiling and Regulation) (Repeal) Act, 1999 came into force w.e.f. 18.03.1999. As possession over the land in dispute was not taken by State of U.P. in pursuance of order of Competent Authority, as such Civil Appeal, along with entire proceeding under Ceiling Act, 1976 was abated by Supreme Court by order dated 30.01.2002. Assistant Collector also initiated proceeding under Section 122-B of U.P. Act No. 1 of 1951, treating the land in dispute as bhita land, which was later on dropped by order dated 11.11.1994. In January 2004, the defendant illegally took possession over a part of disputed land and raised construction. On these allegations suit was filed.