JAIMAL AND OTHERS Vs. UTTAMJIT SINGH AND OTHERS

JUDGEMENT

(1.) The petitioners-defendants are aggrieved of the dismissal of the application by the trial Court for the amendment of the written statement by incorporating the alternative plea of adverse possession by incorporating the following preliminary objection No.3:-

(2.) Mr. Mahavir Sandhu, learned counsel appearing on behalf of petitioners-defendants submits that respondent-plaintiff had instituted the suit for possession and consequential relief of permanent injunction and stand taken in the written statement was that the petitioners-defendants are tenant on ⅓rd batai since time of forefather and had been paying the batai regularly. During the cross-examination, the plaintiff denied the aforementioned fact and realise that in case the aforementioned plea is not taken, plea of adverse possession would be sustainable.

(3.) He submits that mutual destructive plea is available in view of law laid down by Honourable Supreme Court in Basavan Jaggu Dhobi Vs. Sukhnandan Ramdas Chaudhary, 1995 Supp (3) Supreme Court Cases 179 , reiterated by many other judgment.