AJINDERPAL SINGH Vs. RAJIV KUMAR

JUDGEMENT

(1.) PRAYER made in the instant petition filed under Article 227 of the Constitution of India is for quashing of the order dated 20.10.2011 (Annexure P -1) passed by the trial Court whereby amendment of the plaint has been allowed.

(2.) PLAINTIFF /respondent No. 1 -Rajiv Kumar has filed civil suit in January, 2002 seeking possession of the land measuring 500 sq. yards on the basis of title. Originally one Bhan Singh, adopted son of Ram Singh was owner of the plot in question. Bhan Singh, aforesaid entered into an agreement to sell dated 1.10.1982 in favour of Kanta Rani and the possession was also delivered to her. Kanta Rani, aforesaid further executed an agreement to sell dated 6.11.1992 in favour of plaintiffrespondent No. 1. Since the land was still entered in the name of Bhan Singh aforesaid, in the revenue record, the plaintiff had to pay a premium of Rs. 15,000/ - to Bhan Singh and Kanta Rani and they executed the sale deed of plot in question in favour of plaintiff -respondent No. 1 on 21.12.1992. The plaintiff -respondent No. 1 thus claims himself to be owner in possession of the disputed property claiming to have purchased the property in question from Bhan Singh.

(3.) ON 1.1.1999, petitioner -defendant No. 1 forcibly dispossessed the plaintiff -respondent No. 1 therefrom. In the original pleadings, respondent No. 1 had stated the date of agreement to sell as 6.11.1992 instead of 13.11.1992 and thus, applied to amend the plaint accordingly.