MUNNI GUPTA Vs. ASHA SINGH

JUDGEMENT

(1.) THIS writ petition is directed against the order contained in Annexure P-1 whereby the proposed amendment has been denied by the learned Trial Judge on the ground of limitation.

(2.) THE suit in question has been filed for declaration and perpetual injunction with respect to an immovable property. By the proposed amendment, the plaintiffs wanted to incorporate certain facts that the suit property was let out by the plaintiff to Shri Rajbahoran Singh on rent @ Rs. 150/- per month. Rajbahoran Singh vacated the suit premises but did not hand it over to the plaintiff. The defendant in collusion with Rajbahoran Singh, occupied the disputed property in May, 1991 in an illegal and unauthorized manner. Accordingly, the prayer for possession has also been sought to be incorporated.

(3.) THE proposed amendment was contested by the defendant on the ground that prayer for possession in the year 2006 is barred by limitation since, the suit property is stated to have been occupied by the defendant in May, 1991. Learned Trial Judge did not allow to incorporate the amendment on the ground that the prayer for possession has become barred by limitation.