GURMIT SINGH Vs. NIRMAL SINGH AND OTHERS

JUDGEMENT

(1.) GURMIT Singh legal representative of defendant no. 1 Gurmail Kaur since deceased has filed this revision petition under Article 227 of the Constitution of India impugning order dated 28.2.2011 Annexure P/5 passed by the trial court thereby allowing application Annexure P/3 filed by respondents no. 1 and 2/plaintiffs for amendment of plaint Annexure P/1. In the plaint, plaintiffs have challenged sale deed dated 21.1.2004 allegedly got executed by defendant no. 1 from plaintiffs and proforma defendants no. 2 to 4 by fraud. Plaintiffs claimed themselves to be owners in possession of the suit land and also claimed permanent injunction.

(2.) IN amendment application, the plaintiffs alleged that defendant no. 1 had taken possession of the suit land on the basis of the aforesaid sale deed, but inadvertently the plaintiffs did not claim relief of possession of the suit land in the plaint. Accordingly, by amendment of plaint, the plaintiffs have sought relief of joint possession of the land by making necessary consequential amendment.

(3.) LEARNED trial court allowed the amendment application Annexure P/3 vide order Annexure P/5 which is under challenge in this revision petition.