DAYA NAND SHARMA Vs. SEWA SINGH

JUDGEMENT

(1.) This is a revision against the order of Civil Judge, Senior Division, Kurukshetra, dated 21.8.1999 whereby he has refused to permit the plaintiff to introduce the plea of tenancy by way of amendment of the plaint.

(2.) It was alleged in this application that he forgot to take up the plea of tenancy in the plaint originally filed by him through inadvertence and oversight and he should be allowed to introduce this plea as he has been cultivating the suit land prior to sale at the time of sale and is still continuing cultivating the land as tenant and as tenant he has superior right to pre-empt the sale and so far as vendees are concerned, they are utter strangers to the land.

(3.) This application was opposed by the vendees urging that this amendment cannot be allowed now when limitation for pre-emption expired long ago and the introduction of this plea now would be prejudicial to their rights.