SUBE SINGH Vs. HAWA SINGH

JUDGEMENT

(1.) Both the revision petition, Le. C. R. No. 2265 of 1991 and 2267 of 1991, have been directed against the order of trial Court allowing the amendment of suit for pre-emption.

(2.) Hawa Singh, plaintiff, (respondent No. 1 herein) filed two separate suits for possession by way of pre-emption for pre-empting the sale-deeds dated 8.3.89 and 24.3-1989. In the said suits, the land sold has been described as 10 marlas each being 10/728 share of the total holding measuring 34 kanals 12 marlas. In the written statement, an objection was raised by the petitioner that the suit is bad being for partial pre-emption, Respondent No. 1 thereafter, filed applications for the amendment of plaints in order to incorporate in the heading and in para 2 of the said plaints, the following plea :

(3.) It was stated in the application that vide sale deeds dated 8.3.1989 and 24.3.1989, land measuring 10 marlas each being 10/728 share of the total land measuring 36 kanals 8 marlas, was sold, whereas, in the mutations No. 92 and 93 which were sanctioned in pursuance of sale-deeds dated 8.3.1989 and 24.3.1989 respectively, the total land has been shown as 34 kanals 12 marlas because of omission in khasra No. 78/16/3/2.