PREM SINGH AND ANOTHER Vs. BHAG SINGH

JUDGEMENT

(1.) Plaintiffs/respondents herein instituted a suit against the sole defendant/Petitioner herein, claiming therein, a declaratory relief that they along with the sole defendant, are, joint owners in possession of land measuring 07-00 bighas, borne upon khasra No. 744/514/58, Khata Khatauni No. 180/199 min and khasra No. 745/514/58/1, Khata Khatauni No. 227/256 situated in Village Har Kukhar (Barota), near IPH Colony, Pargna Tiun, Tehsil Ghumarwin, District Bilaspur, H.P., besides a relief that preparation of a tatima wherein an area of 00-03 biswa is encompassed and is comprised in Khasra No. 745/514/58/1, Khatauni No. 227/256, as stood separated from khasra No. 744/514/58, Khata Khatauni No. 180/199 min being declared as wrong and illegal also possession thereof of the sole defendant being declared wrong and illegal, was, also claimed therein. Moreover, the relief of permanent prohibitory injunction for restraining the sole defendant from dispossessing the plaintiff from the suit land and from two rooms situated over the suit land, was, also claimed.

(2.) The sole defendant/Petitioner herein instituted a written statement to the plaint and claimed that carving of 0-3 biswas of land borne on khasra No. 745/514/58/1, khata Khatauni No. 227/256, from, land borne on khasra No. 744/514/58, khata Khatauni No. 180/199, being, legitimate also it was claimed that upon the aforesaid land, in pursuance to valid approvals, for, construction(s) being raised thereon, thereupon, the defendants subjecting, to, construction the aforesaid khasra number. Consequently, therein it was concerted by the sole defendant, that, the separation of three biswas of land, in, respect whereof tatima reflecting it to be bearing Khasra No. 745/514/58/1, Khata Khatauni No. 227/256, also stood prepared besides issued being valid besides legal, besides it was averred that the plaintiffs holding no right, to belatedly make any challenge in respect thereof nor theirs being entitled to claim possession, of, any construction raised thereon by the sole defendant.

(3.) However, during the pendency of the suit before the learned trial Court, an application cast under the provisions of Order 6, Rule 17 of the CPC, stood, instituted therebefore by the plaintiffs, wherein, they with the leave of the Court concerted incorporation of Para-7-A in the plaint, after, para 7, para whereof stands extracted hereinafter: