BEDANA SUR Vs. NIROD CHANDRA SEAL

JUDGEMENT

(1.) Heard learned Advocates of both the sides. This application is at the instance of the plaintiffs and is directed against the Order No. 153 dated April 16, 2010 passed by the learned Civil Judge (Junior Division), Barrackpore in Title Suit No. 824 of 2000 thereby rejecting an application under Order 6 Rule 17 of the CPC for amendment of the plaint.

(2.) The petitioners instituted the aforesaid suit for declaration that they are the absolute owners of the property mentioned in the schedule to the plaint, permanent injunction and other reliefs.

(3.) The defendant is contesting the said suit by filing an appropriate written statement contending, inter alia, that he is the owners of the suit property and that the predecessor of the plaintiffs paid rent to the defendant and so, after the death of the predecessor of the plaintiffs present plaintiffs have become tenants under the defendant and that they have defaulted in payment of rent.