SHIV DUTT Vs. DHARAMBIR

JUDGEMENT

(1.) THE present revision petition has been filed against the order dated 29-9-2006 passed by the learned Additional District Judge, (Fast Track Court), Gurgaon, dismissing the application filed by the defendant- petitioners under Order 6 Rule 17 read with Section 151 of the Code of Civil Procedure for amendment of the written statement.

(2.) KHEM Chand, now deceased, filed a suit for declaration and permanent injunction on the plea that the plaintiff and ancestors of the defendants were the joint owners in possession of a residential plot marked ABEF as shown in the map bearing Ghar No. 126 situated within the abadi of village Kankrola, Tehsil and District Gurgaon. It was claimed that the plaintiff was owner in possession of residential house marked as EFGHIJ in the plan bearing Ghar Nos. 112, 113, 114 and 115 within the abadi of village Kankrola.

(3.) THE suit was contested on the ground that the plaintiff was neither the owner nor in possession of the suit property. It was claimed that the plaintiff and his ancestors were never the owners of the suit property. It was said to be owned by the defendants and their ancestors. It was further claimed that Ghar Nos. 112 to 115 were partitioned by the ancestors of the defendants and their ancestors had constructed their houses several years back in their individual shares and the plaintiff had no right or interest therein. It was also claimed that Ghar No. 126 was never given to the plaintiff.