JOGINDER SINGH Vs. DARSHAN SINGH

JUDGEMENT

(1.) This revision is directed against the order passed by the learned Civil Judge (Junior Division), Jalandhar, dated 23.7.1998 wherein the Court dismissed the application filed by the petitioner under Order 6 Rule 17 read with Section 151 of the Code of Civil Procedure for amendment of the written statement.

(2.) Suit for possession was filed by the plaintiff for the land in dispute on the ground that the plaintiff respondent herein was the owner of the property in question and about 2 years ago the petitioner had taken forcible possession of the property in dispute. The plaintiff had obtained the demarcation of the land as per the order of the Tehsildar who was appointed as local commissioner and who gave his report dated 1.6.1997. In the report it was clearly stated that the defendant was in illegal possession of the suit land.

(3.) The defendant contested the suit and challenged the very right of the plaintiff to file the present suit. The defendant claimed to be in possession of the suit property for the last 30 years and he had raised some construction and had placed some machines on the suit property. His possession over the suit property was peaceful.