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2010 Supreme(P&H) 1018

L.N.MITTAL
Narinder Kumar – Appellant
Versus
Gulshan Lal – Respondent


Advocates:
For the Petitioner:Mr. Vijay Kumar Jindal, Advocate.

JUDGMENT

L.N. Mittal, J. (Oral).:- Plaintiff has filed the instant revision petition under Article 227 of the Constitution of India assailing order dated 10.02.2010 (Annexure P- 1), whereby application moved by the plaintiff for amendment of plaint has been dismissed.

2. The petitioner filed suit alleging that his grandfather Munshi Ram was owner in possession of the suit property. By way of oral Will, Munshi Ram gave the suit property to his sons including plaintiff’s father Tilak Raj, who was given 50 sq. yds. area shown in red colour in the site plan. On the death of Tilak Raj, the plaintiff being his son and legal heir, has become exclusive owner in possession of the said portion measuring 50 sq. yds. Defendant is son of Munshi Ram and uncle of the plaintiff. The defendant was given separate portion in the house. Another son of Munshi Ram was given a third portion in the house. The plaintiff sought declaration that he is owner in possession of the portion measuring 50 sq. yds., shown in red colour in the site plan. The plaintiff also sought permanent injunction.

3. In the amendment application, the plaintiff has alleged that the defendant has forcibly dispossessed the plaintiff






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