NAMRITA Vs. RAM PARKASH

JUDGEMENT

(1.) THE impugned order of the trial court permitting amendment of the written statement cannot indeed be sustained.

(2.) THE matter here arises from a suit for permanent injunction filed by the plaintiffs seeking to restrain the defendants from interferring with their ownership and possession over the lard in suit. It was the case of the plaintiffs that by a sale-deed executed on February 6, 1984, they had bought 38 kanals and 8 mattes of land from Sbiv Kumar. This land comprised Khasra Nos. 19/r/4 (8 kanals); 7 (8 karals) 5/1 (4 kanals) and 6/2 (4 kernels ). The land in suit being 24 kanals out of land purchased by them on that date.

(3.) THE defendants, on their part, set up a sale-deed executed in their favour on July 5, 1968 pertaining to 47 kanals and 8 marlas of land. The vendor here too being the same Shiv Kumar. They took the plea that in pursuance of the sale, they were delivered possession of the land purchased by them and also Khasra No. 5/1 (4 kanals) and 6/2 (4 kanals) and they have been in possession thereof ever since. They thus claim to have become owners of this land by adverse possession. After coming into possession, they further claimed that they improved the land and also made construction thereon.