MUKUT RAJYALAXMI Vs. JITENDRA SINGH

JUDGEMENT

(1.) This petition is directed against order dated 4.3.2017 passed by the Additional District Judge, Jaisalmer in Civil Misc. Case No. 510/16, whereby an application preferred by the plaintiffsrespondents seeking leave to amend the plaint has been allowed.

(2.) The facts relevant are that the respondent Nos. 1 and 2 herein filed a suit for possession, mesne profit and permanent injunction against the petitioners herein and proforma defendant, the respondent No. 3-Hukam Singh, in respect of a part of the property known as 'Mandir Palace' situated in town Jaisalmer, alleged to be in unauthorized occupation of the petitioners herein. The description of the property alleged to be in unauthorized occupation is set out in para No. 3 of the plaint.

(3.) Late Maharaval Jawahar Singh, who was sovereign ruler of Jaisalmer, on 1.12.1928, by way of a document 'Maryada', granted ownership and title over the property to Shri Hukam Singh. The document was also signed by Shri Girdhar Singh, the eldest son of Shri Jawahar Singh and was counter signed by Diwan of Jaisalmer Shri M.R. Sapat. After death of Shri Jawahar Singh, Shri Girdhar Singh vide Government order dated 5.4.1949 acknowledged the ownership and occupation of Shri Hukam Singh over the property in question. On 7.3.1949, respondent No. 3-Hukam Singh executed gift deeds of some portions of the disputed property in favour of his mother Smt. Kalyan Kumari, wife Smt. Girdhar Kumari and sister-in-law (bhabhi) Smt. Hawa Kumari II wife of Shri Girdhar Singh. Thus, the disputed property stood divided in four parts owned by Smt. Kalyan Kumari, Smt. Hawa Kumari, Smt. Girdhar Kumari and Shri Hukam Singh.