JOGINDER SINGH Vs. HARBANS

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 defendant-petitioners contested the suit and raised certain preliminary objections and on merits pleaded that Mool Chand alias Moola Singh is admitted to be the erstwhile owner of suit properties. It has further been pleaded that Harbans Lal and Jagdish Chand duly executed registered power of attorney on 19.5.1980 on the basis of which their agent and mother Gurdev Kaur sold off their shares along with those of other co-owners and of herself in individual capacity on 20.5.1980 vide registered sale-deed for a consideration of Rs. 20,560/- and ever since then they are owners in possession of the suit property.