RAJENDRA SINGH Vs. KANHAAYA LAL

JUDGEMENT

(1.) This revision petition has been Filed against the order of the learned Munsif, Sujangarh dated July 25,1989 by which he has rejected the application of the defendant-petitioner moved under Order 7, Rule 11, C.P.C. and allowed the application of the plaintiff, non-petitioner moved under Order 6, Rule 17, C.P.C. The facts of the case giving rise to this petition may be summarised thus.

(2.) The plaintiff-non-petitioner No.1 Kanhaiyalal has filed a suit for specific performance with the allegation, in short, that certain agricultural land comprised in Khasra No. 60 situated in the village Tharda (Sujangarh) belong to the defendant-non-petitioner No. 3 Dungar Singh with his brother Bhanwar Singh, Dungar Singh has executed an agreement for sale in respect of 9 bighas 15 biswas in his favour, he delivered its possession the same day, in the subsequent settlement this land was included in the Khasra No. 176 comprising of 21 bigha 3 biswas and the defendant Dungar Singh has sold the entire Khasra through a registered sale-deed to the defendant No. 2 and petitioner.

(3.) An application under Order 7, Rule 11, C.P.C. was moved by the defendant-petitioner on the grounds that the suit is lime barred and is not maintainable in the Civil Court. Thereafter, an application under Order 6, Rule 17, C.P.C. was moved by the plaintiff Kanhaiya Lal for the amendment of the plaint to include the relief of possession with the allegations, in short, that he has been dispossessed from his land after the institution of the suit by the defendant-Rajendra Singh. After hearing the parties, the learned Trial Court dismissed the defendant-petitioner's application and allowed the plaintiff-non-petitioner's application by its order under revision.