MOHD BASHIR AND OTHERS Vs. KHUSHI AND OTHERS

JUDGEMENT

(1.) The petitioners have invoked the jurisdiction of this Court under Article 227 of the Constitution of India, for setting aside the order dated 09.07.2013 (Annexure P-9), passed by the Civil Judge (Junior Division), Malerkotla, rejecting the prayer for amendment of the plaint. The petitioners are the real brothers and they filed the suit alongwith proforma respondent no. 3, seeking declaration that they are owners of the house existing on khasra no. 955/0-0-17 and 956/0-0-14, measuring 81.5/9 sq. yards with consequential relief of injunction restraining respondent no. 1 from transferring the possession of the house to respondent no. 2.

(2.) Respondent no. 2 is ex parte before the trial Court and suit is being contested by respondent no. 1 alone. The suit was filed in February 2007. The version of plaintiffs is that the house was inherited by the them from their great grandfather. It was rented out by father of plaintiffs to father of the respondent on a monthly rent of Rs. 100/-.

(3.) Respondent no. 1 has claimed himself to be owner of the house having inherited from his forefathers. The petitioner had rather admitted the respondent to be owner of this house in an earlier litigation. It was even disputed that the house is built over the khasra numbers mentioned in the plaint.