SHANKAR LAL Vs. MOOL CHAND

JUDGEMENT

(1.) This Civil Revision Petition has been filed under Sec. 115, Code of Civil Procedure by the defendant petitioner against the non-petitioners who are plaintiff and defendant No. 2 respectively in the Original Civil Suit No. 14/93 instituted by the plaintiff in the Court of Civil Judge (JD), Balesar, District Jodhpur against the order dated 6.10.1995 passed by the trial Court while disallowing application for amendment filed by the defendant petitioner under the provisions of Order 6, Rule 17 read with Sec. 151, CPC.

(2.) Briefly stated, the facts giving rise to the petition are that the parties are residents of Village Taina in Tehsil Shergarh. Plaintiff non-petitioner No. 1 Mool Chand instituted suit for permanent injunction against the defendants that he holds possessory title, right and interest in the land described as 'Bara' as detailed and described in para 2 of the plaint situated in the village Taina and that the defendant-petitioner in connivance with the Ex-Sarpanch of the Gram Panchayat, Taina Mr. Bag Singh, who is also relation of Smt. Dhapu, who was allegedly convicted for commission of murder of the mother of the plaintiff, entered into a criminal conspiracy to illegally and unauthorisedly take forcible possession of the suit land of 'Bara' and so the defendant-non-petitioner was bent upon invading the rights of the plaintiff-non-petitioner and to take forcible possession of the same and hence it was requested that he be restrained from interfering with the exclusive possession of the suit land and interfering with his use and occupation of the same.

(3.) Defendant Shankar Lal inter alia pleading that no such land belonging to and of the possession of plaintiff-non-petitioner, as described in para 2 of the plaint existed at the site and, instead, it was pleaded that the disputed land was of the ownership and exclusive established possession of the defendant-petitioner himself who himself erected stone-slabs on south-eastern and western sides of the house of the plaintiff which was existing at the site and that on the land situated in southern side of the disputed site, house of Ghan Shyam, who is son of the defendant, is existing at the site while house of the plaintiff-non-petitioner was situated on the western side of the disputed land. As a result of pleadings of defendant Shankar Lal, the disputed land was never of the ownership of the plaintiff-non-petitioner and instead, it was claimed that the same belonged to and was of the ownership and possession of the defendant-petitioner himself who was in its exclusive use and occupation since long and, consequently, he also succeeded finally to obtain a 'Patta' dated 16.2.85 in respect of the land measuring 30x100 ft. including the suit property on the basis of his old possessory title and, therefore, while disputing right, title and interest of the plaintiff-non-petitioner in the suit land, it was also alleged that the plaintiff-non-petitioner was neither owner of the property nor was he in exclusive use and possession of the suit land and, therefore, he was also not entitled to any relief by way of grant of perpetual injunction as prayed for in the plaint itself.