CHARAN SINGH Vs. HARI KISHAN HAR KISHAN

JUDGEMENT

(1.) CM No.11511-CII of 2012 The application is allowed and Annexures P-1 to P-5 are taken on record, subject to all just exceptions. CM No.11512-CII of 2012 Allowed as prayed for. CR No.2699 of 2012

(2.) DEFENDANT No.1-Charan Singh has filed this revision petition under Article 227 of the Constitution of India impugning order dated 24.10.2011 Annexure P-5 passed by learned Civil Judge (Junior Division), Rohtak thereby dismissing application Annexure P-3 moved by defendants No.1 to 4 (petitioner and proforma respondents No.3 to 5 herein) for amendment of their written statement Annexure P-2. By way of amendment of written statement, contesting defendants want to plead that respondents No.1 and 2/plaintiffs are estopped by their own act and conduct from raising any claim regarding portion of the land covered under house of defendants No.1 to 4 because the house was constructed in the year 1958 without any objection from the father of the plaintiffs.

(3.) I have heard learned counsel for the petitioner and perused the case file.