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1981 Supreme(Del) 108

S.S.CHADHA
JAWAHAR LAL MOTUMALMAMTANI – Appellant
Versus
BHAG CHAND MOTUMAL RAMTANI – Respondent


Advocates Appeared:
ARUN MOHAN, RAJ PANJWANI

S. S. CHADHA

( 1 ) AN interesting question of law has been raised in this revision petition, namely, whether an amendment of the plaint having the effect of the bypassing of the extinguishment of right, title and interest under Section 27 of the Limitation Act, 1963, can be allowed. It has arisen on these facts

( 2 ) BHAGCHAND Motumal Mamtani (for short plaintiff.) filed on April 27, 1976 a suit in the Subordinate Court against Shri Jawahar Lal Motumal Mamtani (Defendant No. 1 ). The plaintiff claims to be the owner and in possession of the one storeyed building No. III-C/37 Lajpat Nagar, New Delhi (hereinafter called the property in dispute ). Defendant No. 1 is the real brother and defendant No. 2 is the real sister of the plaintiff. The allegations made in the plaint are that in the year 1963 the defendants were allowed to stay in the property in dispute with the plaintiff as licencee under him; that in the year 1965 defendant No. 1 filed a suit for partition against the plaintiff and others; that the plaintiff in the year 1965 revoked the licence allowing the defendants to stay and use the property in dispute; that by judgment and decree dated October 3, 1975 in suit No. 181 of 6














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