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2003 Supreme(P&H) 685

NIRMAL SINGH
Ajit Singh – Appellant
Versus
Sulakhan Singh – Respondent


Judgment

Nirmal Singh, J.

1. This revision has been directed against the order dated 5.6.2002 passed by Civil Judge (Senior Division) Gurdaspur vide which the application filed by the respondent for the amendment in written statement has been allowed.

2. The facts as pleaded in the plaint are that petitioner Ajit Singh has filed a suit for possession of the land measuring 11 kanals 2 marlas situated in the revenue estate of village Saraspur against the defendant Sulakhan Singh. The plea of the plaintiff-petitioner is that the land has been allotted to him alongwith other land in the partition proceeding vide the order of Assistant Collector, 1st Grade, Gurdaspur and petitioner has been delivered symbolic possession of the land allotted to him in partition. The respondent who is son of the petitioner has been cultivating the suit land only in the capacity of the licencee. When the petitioner went to take actual delivery of possession of the suit land through Girdawar Halqa, the respondent obstructed the delivery of possession and refused to hand over the possession of the suit land and a suit for possession of land has been filed. The respondent has sought the amendment by pleading i













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