MUKHTIARA AND ORS. Vs. DHARAM SINGH AND ORS.

JUDGEMENT

(1.) THIS is Civil Revision filed by the plaintiffs against the order dated 31.3.1999 passed by Additional Civil Judge, Senior Division, Patiala whereby he dismissed their application for amendment of the plaint made under Order 6 Rule 17 of the Code of Civil Procedure. It was a suit for permanent injunction filed by the plaintiffs against the defendants restraining them for dispossessing them from land measuring 44 Bighas 18 Biswas situated in Village Baron, Tehsil and Distt. Patiala, as detailed in the heading of the plaint. It was alleged in the plaint that one Inder Singh alias Santokh Singh son of Nand Singh was owner of the land measuring 59 Bighas 18 Btswas. He died intestate and without leaving any heir. Inheritance of Inder Singh was mutated in the name of Patti -Daran of Patti Hukmi of village Baran vide mutation No. 1136 sanctioned on 26.11.1965. Plaintiffs Mukhtiara etc. and their deceased brother Norata Singh had been cultivating the land for many years even during the life time of Inder Singh alias Santokh Singh, Norata Singh died about 10 years ago leaving behind him widow Smt. Jasmer Kaur. Later on, application for partition was filed by Dharam Singh etc. against the plaintiffs and their brother Norata Singh urging that parties are Patti -Daran of Patti Hukmi Compromise took place. Land measuring 44 Bighas 18 Biswas fell to the share of plaintiff s and their brother Norata Singh. Remaining 15 Bighas was allotted to Dharam Singh etc. Mukhtiara plaintiff No.1 is recorded in Jamabandi and khasra -girdawari as in possession of land measuring 43 bighas 3 biswas. In fact, this land is in the actual cultivating possession of all the plaintiffs and Mukhtiara's possession is on behalf of all of them. Similar is the case with regard to the land measuring 1 bigha 15 biswas out of khasra No.306/307. Possession of the plaintiffs is peaceful, legal and rightful during the last nearly 25 years after the said compromise. Even during the life time of Inder Singh, Mukhtiara, Dara Singh and Harnek Singh plaintiffs No. 1 to 3 and their brothers Norata Singh had been cultivating the entire land of Inder Singh for many many years before his death.

(2.) PLAINTIFFS made an application for amendment of the plaint under Order 6 Rule 17 CPC. By way of amendment, they want to claim declaration that they are owners of agricultural land measuring 44 bighas 18 biswas situated in village Baran. This application was opposed by Dharam Singh and others urging that plaintiffs and the defendants are not the only owners of the suit land. There are many other persons, who are also owners of the same. As per jamabandi, other Patti -Daran are also owners of this land. It was further urged that if the proposed amendment is allowed, the suit would not be maintainable against the defendants alone. Other Patti Daran, who are owners of this land shall also have to be impleaded.

(3.) I have heard the learned counsel for the parties and have gone through the record.