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2005 Supreme(P&H) 1088

AJAY K.MITTAL
Prem Chand – Appellant
Versus
Chetan Dass – Respondent


Judgment

Ajay Kumar Mittal, J.

1. The plaintiff-respondent filed a suit for mandatory injunction for handing over possession of the suit property in the year 1998. In the year 2003, the plaintiff-respondent filed an application for amendment of the plaint in which the suit for mandatory injunction is to be converted into suit for possession. The amendments which are sought are as under:-

(a) The title of the suit being replaced as suit for possession,

(b) New Para 6(a) is to be added as under: - That after causing illegal and forcible possession as a trespasser of portion of the house shown by CDEFG in the site plan attached, the defendant has made some minor alteration by way of breaking the partition of the wall shown by letter FG and a small change in the structural position of the portion without addition of any quantitative structure and without expending any substantial amount to the addition of the structure of the said portion.

(c) Para 7(a) be allowed to be added as under:-

That the defendant is staying in the portion of the house detailed above illegally as a trespasser and he is under obligation to hand over the possession of said property to the plaintiff as per the prov
















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