INDIAN SULPHACID INDUSTRIES LTD Vs. JOGINDER KAUR

JUDGEMENT

(1.) Vide this common judgment I propose to dispose of three revision petitions being CR No. 5089 of 1998, CR No. 1109 of 1999 and CR No. 1764 of 1999 as common question of law founded on somewhat similar facts and pleas arises for consideration. Indian Sulphacid Industries Limited had filed three different suits for possession of small pieces of land against different defendants. They filed a suit for possession of 100 square yards of land in Khasra No. 262 more particularly described in the plaint and that suit is against Joginder Kaur. The second suit was filed for possession of 173 square yards of land in Khasra No. 260 against Smt. Sukhwinder Kaur and another and the third suit was filed for possession of 120 square yards of land in Khasra No. 262 against Avtar Singh and another. In all these three suits relief of injunction was also prayed against the respective defendants from raising any construction and from alienating or transferring the suit land.

(2.) The case of the plaintiff was that he is owner of the entire property forming amongst other Khasra Numbers, Khasra No. 260 and 262. According to him the defendants were in illegal possession of the said land which they had occupied during the pendency of proceedings and, therefore, he filed the suits for possession as afore indicated. The suits were contested by the defendants who claimed their own independent rights in the property.

(3.) During the pendency of the suit the plaintiff filed an application under Order 6 Order 17 read with Section 151 CPC for amendment of the plaint. Following were the amendments which were sought to be introduced by the plaintiff:-