KARAM SINGH Vs. CHARAN SINGH

JUDGEMENT

(1.) THIS is a petition for revision of the order dated the 2nd of August, 1968, of Shri pritpal Singh, Senior Subordinate Judge, Jullundur, allowing respondent No. 1, who is the plaintiff in a pre-emption suit to amend his plaint.

(2.) THE sale sought to be pre-empted is evidence by a registered sale deed executed on the 15th of March, 1967, which states the price paid for the property conveyed to be Rs. 5,000/- and describes that property thus:--

(3.) THIS petition has no merit. The suit as framed can certainly not be regarded as one for partial pre-emption. The entire land, the house and the vacant site conveyed by the sale deed were correctly described in the plaint in so far as the khasra numbers of the land the boundaries of the house and the site are concerned. Their correct situation also finds a place in the plaint although another house which is described as being situated in the land and which was specifically excluded from the transaction of sale has also been included in the property sought to be pre-empted. The mis-description has obviously arisen from a clerical error which appears to have been occasioned because of a faulty reading of the sale deed by the scribe of the plaint and which is sought by the amendment to be only partially rectified inasmuch as the house situated in the land continues to find a mention in the plaint even after the amendment. As it is, it cannot be said that the plaint intended to relinquish his claim to the abadi house. Had he so intended, the boundaries of the house and the site would not have been mentioned in the plaint. It is well settled that if a part of the property is omitted from the plaint altogether in a pre-emption suit, an amendment of the plaint permitting the inclusion of the omitted property would be allowed provided the omission is found to be unintentional (vide Jalal Din v. Qaim Din, 62 Pun R 1914= (AIR 1914 Lah 263); banta Singh v. Smt. Harbhajan Kaur, 1969-71 Pun LR 862; Deedar Singh v. Dalbir singh, 1970 Cur LJ 143 (Punj); Teja Singh v. Bhagwan Singh, 1970 Pun LJ 615, and Jarnail Singh v Bahal Singh, Letters Patent Appeal No. 583 of 1969, decided on 23-4-1970 (Punj) by a Division Bench of this Court consisting of Mahajan and dhillon, JJ. ).