KUNDAN LAL AHUJA Vs. UNION OF INDIA

JUDGEMENT

(1.) This is plaintiff's application under Order 6 Rule 17 read with Section 151 CPC praying for amendment of plaint.

(2.) The plaintiff has instituted a suit for damages in the sum of Rs. 5,24,000/-, declaration that he is the owner of land comprised in Lot No. 119(b), Central Hotel Estate, Shimla on the basis of title and the revenue entries showing him owner to the extent of 257 square yards of the land only, are illegal, void and inoperative and for permanent prohibitor injunction restraining the defendants from interfering in his possession over the suit property. In the plaint claiming the aforesaid reliefs, the plaintiff wants to insert by way of amendment of the plaint, the alternative relief in the form of a declaration that he has become owner of the suit land by way of adverse possession in the introductory part of the plaint at page 1 and an alternative prayer for similar declaration in the prayer clause in the plaint and also wants to add in para 10 of the plaint that he has become owner of Lot No. 119(b ) as far back as in October, 1959.

(3.) The application has been resisted for the defendants on the grounds that the suit itself is not competent and is barred by limitation and the plaintiff has no locus standi to institute the suit as well as the present application. On merits, it has been claimed that there is no question of adverse possession as the plaintiff stands dispossessed from the suit property. It is further claimed in that the application is based on conjectures and surmises, hence cannot be allowed.