DEV RAJ Vs. PIAR SINGH

JUDGEMENT

(1.) THIS petition by the Defendant is directed against the order dated 30th April, 2011, passed by the learned Civil Judge (Junior Division), Barsar, whereby the learned trial Court rejected the application filed by the Defendant seeking amendment of the written statement.

(2.) BRIEFLY stated, the facts of the case are that the Respondent (hereinafter referred to as the Plaintiff) filed a suit for possession by way of demolition of structure over land comprised in khata No. 214, khatauni No. 216, khasra No. 3549/74, measuring 2 kanals 1 marla, situate in village Jajri, Tappa Dadwal, Tehsil Barsar, District Hamirpur. The Plaintiff alleged that he is the absolute owner of the suit land and the Defendant had encroached upon the same.

(3.) BY means of this amendment application, the Defendant wants to withdraw the allegations made in para 4 of the preliminary objections in the written statement, whereby he claimed to have become owner of the suit land by way of adverse possession. In fact, now the case being set up is that his mother, Smt. Sukhan Devi, had, in fact, purchased 17 kanals 9 marlas of land and the suit land is part of this 17 kanals 9 marlas of land. It is alleged that in the sale deed, which was executed by Smt. Proju Devi in favour of Smt. Sukhan Devi, mother of the Defendant, 17 kanals 9 marlas of land was sold. However while mentioning the share of Smt. Proju Devi, the same was mentioned as 7/218, whereas it should have been mentioned as 7/128.