SACHIN WALIA Vs. CHARU WALIA

JUDGEMENT

(1.) Defendant has filed the instant revision petition under Art. 227 of the Constitution of India assailing order dated 17.02.2010 (Annexure P-6) passed by learned Civil Judge (Junior Division), Patiala, thereby allowing application for amendment of plaint filed by plaintiff-respondent.

(2.) Plaintiff and defendant are brothers. Plaintiff has filed suit for permanent injunction alleging that the plaintiff, the defendant and their mother and two sisters are joint owners in possession of the suit property being legal heirs of Ramesh Walia father of the parties, and each of them has ⅕th share in the suit property, but the defendant wanted to dispose of the entire suit property illegally. The plaintiff sought injunction restraining C. R. No. 2858 of 2010 2 the defendant from alienating more than ⅕th share in the suit property.

(3.) The defendant in his written statement pleaded that vide decree dated 16.05.1973 passed in favour of the defendant against his grandmother Champawati, the defendant herein became owner in possession of the entire suit property.