SURINDER KAUR Vs. HARBHAJAN LAL AND OTHERS

JUDGEMENT

(1.) This petition is directed against the order dated 05.09.2016, passed by the Additional District Judge, Jalandhar who dismissed the application filed by the petitioner seeking amendment in the written statement.

(2.) Harbhajan Lal had filed a suit for mandatory injunction and for directions to the defendants to hand over the vacant possession of the room on the ground floor and some portion occupied by them on the first floor which was exclusively owned by him. This property was allotted to him by the Jalandhar Improvement Trust in 1980. It was pleaded that the portion in their possession was given on oral license. It was pleaded that he had disowned defendants no.1 & 2 in 2008 on account of their bad behaviour and the licensee was terminated. They had assured to vacate the property in February 2009 but had failed to do so. It was pleaded that he was dragged into frivolous litigation with an intention to grab the property.

(3.) The suit was filed in 2009. The defendants filed their written statement in January 2010 and took the plea that the property was joint Hindu family property. It was also pleaded that they had spent money from their pocket for purchase and construction and the property was ancestral.