MAHABIR SINGH Vs. GURVINDER KAUR

JUDGEMENT

(1.) Gurvinder Kaur then plaintiff (now respondent) filed against Mahabir Singh and another (present petitioners) a suit for declaration that she is co-sharer/co-owner of the land duly described and depicted in the head-note of the plaint on the basis of being a coparcener to the extent of l/3rd share and has sought to challenge the transfer deed No.5313 dtd. 14/3/2008 alleged to have been executed by Mahabir Singh being illegal, null and void; and sought consequential relief of permanent injunction restraining the defendant from further alienating the suit land.

(2.) During the course of trial of the suit, an application under Order 6 Rule 17 CPC was moved by the defendant that due to inadvertence it has been mentioned in the written statement that the suit land is ancestral joint Hindu Family Property and thus acceding to the plea of the plaintiff when in fact the property has devolved upondefendant No.l through testamentary succession and therefore wanted to amend the written statement. The same stood declined vide impugned order dtd. 13/5/2014 by the Court of Additional Civil Judge (Sr. Divn.) Malout and that is how the present revision petition has come about.

(3.) Appreciating the submissions of the two sides, it is the plea of then applicant (present respondent) that the Will (Annexure P5) was executed on 4/6/1997 by deceased Gurmej Singh father of Mahabir Singh and thus, it was his personal property and the plea so taken in the written statement thus needs to be amended.