JOGINDER SINGH AND ANR. Vs. HARBANS AND ORS.

JUDGEMENT

(1.) The defendant -petitioners in this revision petition have raised the grievance that the appellate Court vide impugned order dated 9.6.2000 while rejecting the application for amendment of written statement has prejudiced the case of the defendants and, therefore, the said order be set aside.

(2.) The plaintiff -respondents filed a suit for declaration to the effect that plaintiff No. 1 and plaintiff Nos. 2 and 3 in half share are owners in joint possession of land measuring 6 kanals 9 marlas out of the total land measuring 19 kanals 7 marlas and a prayer was made in the alternative for joint possession of the suit properties as owner to the above extent with consequential relief of permanent injunction restraining the defendants from alienating, transferring, selling, mortgaging or disposing of the suit property in any manner.

(3.) The claim in the plaint is based on the fact that Mool Chand father of plaintiff No. 1, father -in -law of plaintiff No. 2 and grand -father of plaintiff No. 3 was owner in possession of suit properties and after whose death on 19.2.1980, the estate developed upon plaintiff No. l to the extent of 1/6th share and upon predecessor -in -interest of plaintiff Nos. 2 and 3 to the same extent, the plaintiffs have put forward that though no sale was effected yet the defendants have started claiming themselves to be owners of suit property. Alternatively, they claimed a decree for joint possession.