AB MAJID MIR Vs. MOHD ASHRAF MIR

JUDGEMENT

(1.) THROUGH this revision the defendants/ petitioners are challenging the legality of the order dated 1.10.2001 passed by Ld. City Judge, Srinagar, whereby the prayer of the defendants/ petitioners seeking amendment of their written statement has been turned down.

(2.) THE facts need be stated briefly. The plaintiff instituted a Civil suit on 16 -04 -1981 against the defendants seeking a decree of mandatory injunction directing the defendants to hand over the possession of suit property consisting of two shops and damages inter -alia on the plea that plaintiff and his two brothers late Haji Gaffar Mir, father of the defendants and late Ghulam Mohammad Mir jointly owned various properties including the suit shops. The plaintiff filed suit No. 22 of 1963 for partition of the properties and the same was compromised and accordingly a decree dated 30.4.1969. The parties came to possess the property of their shares accordingly. That the suit shops fell into the share of the plaintiff. The plaintiff handed over shop No. 1 to the father of the plaintiff for temporary use as a licensee where he carried on business with his sons, the defendants till 1979 when he died. The defendants then removed the central wall and occupied the shop No. 2 also. The plaintiff revoked the licence and has filed the suit.

(3.) THE defendants in their written statements have pleaded simpliciter denial to the averments made in the plaint. The Ld. trial court framed ten issues on 30 -05 -1985 for determination and the plaintiff is still leading his evidence in the first instance.