OM PRAKASH KHAKHOLIA Vs. RAFIUDDIN AHMED ALIAS RICKBABA

JUDGEMENT

(1.) This application, made under Article 227 of the Constitution of India, puts to challenge the order, dated 25.11.2009, passed by the learned Civil Judge No. 2, Kamrup, Guwahati, in Misc.(J) Case No. 245/2009, arising out of Title Suit No. 171/2006, whereby the defendant-petitioners' petition for amendment of their written statement has been rejected.

(2.) I have heard Mr. G.N. Sahewalla, learned senior counsel, for the ' defendant-petitioners, and Mr. S. Ali, learned Counsel, for the plaintiff-opposite party.

(3.) It may be pointed out, at the very outset, that according to the plaint, the plaintiff-opposite party purchased as many as three pieces of land on different dates, one of such pieces of land having been purchased by the plaintiff from its owner, Gaur Mohan Das (since deceased). The said pieces of land, being adjacent to each other, form a compact plot with common boundaries described in Schedule A to the plaint. The plaintiff, upon purchase of the land by registered sale deeds, took possession of the purchased land, which measures about 1 bigha and 2 kathas out of the total land covered by the same patta. Alleging, inter alia, that the plaintiff had been ousted from a part of the land, described in Schedules B and C to the plaint, the plaintiff sought for a decree of, inter alia declaration of his rights, title and interest over the land described in Schedule A to the plaint and for recovery of possession of the land described in Schedules B and C including the Assam Type house standing thereon.