NIRMALA BALA GHOSH Vs. BALAI CHAND GHOSH

JUDGEMENT

(1.) The application for amendment of the plaint filed by Balaichand Ghosh plaintiff-respondent No. 1 is before us for consideration. The said prayer has strenuously been contested by the defendants-appellants.

(2.) To understand the point in question a short history of the case may be stated :-- The applicant Balai Chand filed Title Suit No. 68 of 1956 in the 8th Court of Subordinate Judge at Alipore for declaration that he is the owner of the property in suit, set out in schedules A to H of the plaint and that ostensible owners thereof were his benamdars. The said suit was re-numbered as Title Suit No. 2 of 1961 of the 4th Extra Court of the Addl. Dist. Judge at Alipore. That was the suit by Balai Chand against his sons and daughters-in-law. It is sufficient for the purpose of consideration of this question to state that the properties described in the schedule were stated to have been acquired by the plaintiff in the name of the defendants on different dates. The plaintiff alleged that the defendants conspired together to disown him as the real owner of those properties under the colour of ostensible title which they had to respective properties, claiming the same to be real. On the said allegation all the dependents were joined in the same suit and the cause of action was stated to have arisen on the 10th July, 1954 when the plaintiff was first obstructed from realising rent from the suit property.

(3.) The plaintiff asserted his possession in the property, in question. The defendants, on the other hand, asserted that they were real owners of the property and the same were in their possession.