K.RAMASWAMY, FAIZAN UDDIN
Shrimoni Gurdwara Committee – Appellant
Versus
Jaswant Singh – Respondent
ORDER
This special leave petition has been filed against the order of the High Court of Punjab & Haryana made on May 17, 1996 in Civil Revision No. 1023/96. The respondent instituted a suit for declaration of his title to the land admeasuring 134 canals 14 marlas in Hb. No. 349 in village Japuwal, Tehsil and District Gurdaspur and also for possession of the property. It is his case that he is adopted son of one Isher Singh and that while he was in possession and enjoyment of the property, the petitioner had disputed his title to and interest in the said land and filed a suit. The petitioner had pleaded in the written statement that Isher Singh had no title to the property and they set up the title in Darbar Sahib and that he had gifted the property in favour of Darbar Singh. Subsequently, the parties, on the basis of issues raised, adduced evidence. At the end of the trial, the petitioner had filed an application under Order 6, Rule 17, Code of Civil Procedure, 1908 for amendment of the written statement pleading that Isher Singh had gifted over the property to Darbar Singh, Amritsar Shromani Gurudwara Prabhandhak Committee and it was in possession as a legatee of the property. The
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