DILBAG SINGH Vs. SURJEET SINGH AND ANOTHER

JUDGEMENT

(1.) Heard.

(2.) The complaint herein is that an application under Order 6 Rule 17 of the Code of Civil Procedure filed by the petitioner (hereinafter referred to as the 'plaintiff') for amendment of the plaint has been dismissed by learned trial court without application of mind.

(3.) The plaintiff has filed suit for declaration that he is owner in possession of 1/6th share of land comprised in Khata No. 48, Khatauni No. 68, Khasra Nos. 362, 456, 460, 479, 482, 678, 455 and 459 as well as one house comprising three bed rooms, one store, one kitchen, one bathroom, two toilets constructed over Khasra No. 460. The path shown in the site plan as well as 2/7th share in land entered in Khata No. 49, Khatauni No. 71, Khasra No. 483 is also in his ownership and possession. The suit property is situated in Mohal Baryal Behar, Tehsil Rakkar, District Kangra, H.P. The gift deed of the suit land executed by respondent No. 2 in favour of respondent No. 1(defendants in the trial Court) is stated to be illegal, null and void. By way of permanent prohibitory injunction, the defendants have also been sought to be restrained from blocking the path and causing interference in the suit land. Mandatory injunction, directing thereby the defendants to restore the path, in case the same is found to have blocked by them during the pendency of the suit has also been sought.