PROMILA BHAGAT Vs. PARVEEN AND OTHERS

JUDGEMENT

(1.) The application is allowed. Annexures P/1 and P/2 are taken on record subject to all just exceptions.

(2.) Defendant no. 2 Promila Bhagat has invoked jurisdiction of this Court under Article 227 of the Constitution of India impugning order dated 1.2.2012, Annexure P/3 passed by learned Civil Judge (Junior Division), Ludhiana thereby dismissing application Annexure P/1 moved by petitioner for amendment of written statement.

(3.) Plaintiffs Sanjiv Bhagat (since deceased and represented by respondents no. 1 and 2 herein as his legal representatives) and Rajiv Bhagat respondent no. 3 herein filed suit against Kartar Devi respondent no. 4 herein (said to have since died) and her daughter Promila Bhagat petitioner herein for mandatory injunction directing the defendants to stop the user of the suit house and hand over vacant possession thereof to the plaintiffs who also claimed permanent injunction restraining the defendants from making any addition, alteration etc. in the suit house and from alienating the same. The plaintiffs alleged that they are owners of the suit property and defendants being their relatives were allowed to occupy the same as licensees, but they have not vacated it after termination of their licence.