BIRU RAJAK Vs. SUBHAS RANJAN HORE

JUDGEMENT

(1.) The petitioners, who are defendant nos. 1 and 2 in Title (Eviction) Suit No.47 of 2010, are aggrieved of order dated 02.06.2014 passed in Title (Eviction) Suit No.47 of 2010 by which amendments in the plaint have been allowed.

(2.) Title (Eviction) Suit No.47 of 2010 has been instituted for a decree for eviction against the defendants in respect of schedule 'B' properties and for a decree for khas possession to the plaintiffs of the said property. The plaintiffs have claimed themselves absolute owner in possession of the property comprised under Holding No.129 (New) and 155(Old) of Ward No.6. They have pleaded that this property was acquired by the father of the plaintiff nos.1 to 6 by virtue of registered sale-deed dated 02.06.1966 and he came in possession over schedule 'A' property during his life time. After death of their father, the plaintiff nos.1 to 6 became owner of the schedule 'A' properties. During the trial, after the plaintiffs examined one of their witnesses namely, Subash Ranjan Hore as P.W.1, an application seeking the following amendments in the plaint was filed:

(3.) The aforesaid amendments in the plaint have been permitted by the trial judge holding that the proposed amendments would not change the nature of the suit and these are necessary for a just decision in the suit.