BRIJ LAL Vs. GAUSHALA

JUDGEMENT

(1.) This petition is directed against the order dated 29-4-1997 vide which the learned trial Court has allowed the application for amendment of the plaint filed by the plaintiffs. The facts are that the plaintiffs filed a suit for declaration that they are owners in possession of the land measuring 46 Kanals 7 Marlas consisting of Khewat No. 32 Khatauni No. 71 situated in village Kamla, District Mohindergarh. It was further averred that plaintiffs Nos. 2 to 4 were the tenants over the land at a monthly rent of Rs. 425/- and they were jointly in possession of the land in question. It was further prayed that the defendants in the suit have no concern over the land and they be restrained from interfering in the possession of the plaintiff or taking forcible possession thereof.

(2.) The suit was contested by the defendants. They claimed title to the property. Defendant No. 1 on the basis of the Will in his favour got mutation recorded in the case of Brij Lal v. Ghisa Ram and stated that the plaintiffs had no interest in the land in question.

(3.) During the course of arguments it was conceded that the Assistant Collector had passed an order on 26-5-1992 regarding the name of the defendants in the revenue records. This order was challenged by the plaintiffs in the suit before the higher authorities on the revenue side and their appeal was also dismissed on 29-5-1992 by the Collector. In execution of these orders and during the pendency of the suit, the plaintiffs in the suit were dispossessed from the land in question. On or about 23-11-1992 an application under Order 6 Rule 17, of the Code of Civil Procedure was filed by the plaintiffs for amendment of the plaint seeking to bring on record these subsequent events and challenging the order dated 26-5-1992 passed by the revenue authorities. It is this application of the plaintiffs that has been allowed by the learned trial Court vide the impugned order subject to payment of Rs. 100/- as costs.