MUNICIPAL COMMITTEE Vs. INDERJIT SINGLA AND ORS.

JUDGEMENT

(1.) INDERJIT Singla, Kulwant Rai Gupta and Gurbax Singh Bhasin Plaintiffs filed a suit for possession of a plot of land measuring about 45 square yards situated on Court Road, Bhatinda against Municipal Committee, Bhatinda. The suit was dismissed by Sub Judge, IIIrd Class, Bhatinda on November 14, 1984 and an appeal was taken by the Plaintiffs to the Court of Additional District Judge, Bhatinda. In appeal, an application was filed on behalf of the Plaintiffs for amendment of the plaint which was allowed. Hence this revision petition on behalf of the Municipal Committee, Bhatinda, the Defendant.

(2.) IN the suit, the Plaintiffs claimed to have purchased land measuring 265 square yards from Surinderpal Singh and Satpal Singh, sorts of Chanan Singh, and Balbir Singh through a registered sale deed dated August 19, 1960. They took possession of the land purchased. Out of the said land, 45 square yards of land was included in the New Bus Stand by the Municipal Committee. Still 45 square yards of land remained in actual possession of the Plaintiffs. About six years prior to the filing of the suit, out of 45 square yards of land, 29 square yards of land was encroached by the Municipal Committee over which shops were constructed. On the northern side of those shops, there remained 16 square yards of land which was again encroached by the Municipal Committee. Before that, the Plaintiffs had submitted a plan for construction on the said 16 square yards of land. In this manner, the Plaintiffs claimed possession of 45 square yards of land against the Municipal Committee. In the application for amendment of the plaint, it was stated that it was wrongly mentioned in the suit that 256 square yards of land was purchased by the Plaintiffs from Surinderpal Singh, Satpal Singh and Balbir Singh. The true facts were elucidated briefly as under:

(3.) THE mere fact that in appeal, application for amendment of the plaint was filed is no ground to deny the relief.