SONELAL AND OTHERS Vs. PUSAU AND OTHERS

JUDGEMENT

(1.) Heard on admission.

(2.) The brief facts of the case are that the petitioners filed a suit for declaration and permanent injunction on 30-07-2014. The foundation of the suit was that they had received the land Khasra No. 364, area 0.49 hectare in the exchange with the land of the defendants and they are in possession of the suit land for last more than 50 years. Relief for permanent injunction was also prayed in the suit. The written statement was filed by respondent nos. 1 to 3. Thereafter, the petitioners filed two applications for amendment in the suit on 27-07-2017 and 20-09-2017 respectively.

(3.) The petitioners contended that by the proposed amendment, the petitioners sought substitution of certain pleadings of the plaint and submitted that such land is ancestral property. Prayer for deletion of paras 3 and 4 of the plaint was prayed and by substitution 2-A, 2-B and 2-C were sought to be incorporated. Upon perusal of the proposed amended paras, it is evident that the petitioners sought to change the entire nature of the suit itself and its foundation after filing of the written statement and framing the issues. By way amendment, a new case is set up for declaration of title on the basis of the suit land being ancestral property.