LAWS(P&H)-1996-5-310

JASWANT SINGH Vs. SHIROMANI GURDWARA PARBANDHAK COMMITTEE

Decided On May 17, 1996
JASWANT SINGH Appellant
V/S
SHIROMANI GURDWARA PARBANDHAK COMMITTEE Respondents

JUDGEMENT

(1.) The plaintiff-petitioner has filed this revision against the impugned order by which the trial Court has permitted the defendant to amend its written statement.

(2.) The facts of the case are that the plaintiff filed this suit for declaration and possession against the defendant-respondent alleging that the disputed land was previously owned and possessed by Isher Singh, who adopted to the plaintiff vide adoption deed dated April 17, 1942, as a son. After the demise of Isher Singh, the plaintiff-petitioner being the only legal heir of deceased Isher Singh is owner of the disputed land. This suit was filed on June 3, 1992. The defendant filed written statement in the month of February 1993. The plaintiff also challenged the revenue entries of mutation dated January 2, 1953 which were made in favour of the defendant.

(3.) In para No. 1 of the written statement the defendant specifically denied that the suit land was in the ownership of Isher Singh. It was specifically averred that from the revenue record starting from the partition of the country and even prior to that Shri Darbar Sahib, Amritsar, through Shiromani Gurdwara Parbandhak Committee, Amritsar, is shown to be the owner in possession of the suit land. The possession of the plaintiff and his predecessor-in-title was also denied.