HARSARUP Vs. SUNDER LAL & OTHERS

JUDGEMENT

(1.) By filing this revision petition under Article 227 of the Constitution of India, plaintiff Harsarup has assailed order dated 15.10.2012 Annexure P-5 passed by the trial Court thereby dismissing plaintiff's application Annexure P-3 for amendment of plaint.

(2.) Plaintiff has instituted suit for permanent injunction vide plaint Annexure P-1 alleging that he is in physical cultivating possession of the suit land as gair morusi. Plaintiff also claimed to be cosharer in the suit land being shamlat deh land and the plaintiff being proprietor/biswedar in the village.

(3.) Defendants by filing written statement Annexure P-2 controverted the averments of the plaintiff and inter alea pleaded that defendant No.1 is owner as well as in possession of the suit land having purchased it in open auction held on 06.04.1966 by Rehabilitation Department of Punjab State and the sale in his favour was confirmed in his name by Tehsildar (Sales). After completion of all formalities, possession of the suit land was delivered to defendant No.1 on 04.11.1990 and since then he is in possession thereof. Various other pleas were also raised.