DR. RAM PAUL Vs. DR. PAWAN KUMAR

JUDGEMENT

(1.) The defendant is in this revision petition against the order passed by the trial Court on 3.4.2001 whereby the application for amendment in the written statement was declined.

(2.) The Plaintiff has filed a suit for possession of the land measuring 4 kanals 7 marlas situated in village Bir Pipli, Tehsil Thanesar, District Kurukshetra on the basis of entries in the jamabandi for the year 1986-87. The defendant is the real brother of the Plaintiff. It was alleged that the defendant, who is powerful and influential person, forcibly and illegally encroached upon the part of the land of the Plaintiff shown red in the site plan.

(3.) The defendant contested the said suit. It was pleaded that the defendant was owner of land measuring 8 kanals 15 marlas but to avoid family dispute, the defendant transferred his land measuring 4 kanals 7 marlas to the Plaintiff by virtue of the decree passed by the civil court in the year 1979 and the Plaintiff was declared owner in possession of the said land towards the western side and the defendant left with the remaining land measuring 4 kanals 8 marlas towards the eastern side. It was the term of the decree that a joint wall would be constructed in between as a partition wall with the joint funds. The Plaintiff took demarcation in the year 1980 and a partition wall was got constructed and, therefore, the Plaintiff had no right, title or interest in the land towards the eastern side of the partition wall and the defendant had no right or title in the land towards the western side of the partition wall.