Judgment

Mrs. Alka Sarin, J. :-

CM-5160-CII-2023

This is an application for preponing the date of hearing in the main case from 09.08.2023 to an early date. For the reasons stated in the application, the same is allowed. With the consent of learned counsel for the parties, the main case is taken on Board today itself.

CR-8445-2018

1. The present revision petition has been filed challenging the order dated 08.08.2018 (Annexure P-9) whereby the application filed by the plaintiff-petitioners for amendment of the plaint under order 6 Rule 17 of the Code of Civil Procedure, 1908 (CPC) has been dismissed.

2. The brief facts relevant to the present lis are that the suit was initially filed by the plaintiff-petitioners for mandatory injunction directing the defendant-respondents to hand over the vacant possession of portion of House No.16, Amar Nagar, near Raja Park, Ambala Cantt. as also for payment of mesne profits @ Rs.5,000/- per month from the date of filing of the suit till delivery of possession. In the plaint it was averred that the plaintiff-petitioners were absolute owners of the property in dispute. The written statement was filed by the defendant-respondents wherein it was specifically averred that there has been concealment of facts and that the property was originally owned by Labh Singh and divided during his life time in equal shares between his two sons and separate possession was given to both. Thereafter, an application for amendment of the plaint was filed for adding para 1A, which reads as under :

“Para 1(A) - That Labh Singh was exclusive owner of the house in question. Labh Singh had purchased the house in question i.e. House No.16, Amar Nagar, Ambala Cantt vide registered sale deed registered as Deed No.2549, Bahi No.1, Jild No.490 dated 06.09.1973 and after purchasing the plot he had raised the construction. Besides the house in question, Labh Singh son of Mehar Singh also owned land and property in village Jaffarpur, Tehsil and District Gurdaspur (Punjab) and during his life time Labh Singh had executed a registered Will of his free will and consent which was registered as Deed No.289, Bahi No.3, dated 05.02.2009 registered with the Sub-Registrar, Gurdaspur (Punjab). Photocopy of the sale deed dated 06.09.1973 is being filed with the plaint. By virtue of which Labh Singh had bequeathed/ Willed ½ share in the land and property situated in village Jaffarpur/Jaafarpur, District Gurdaspur (Punjab) in favour of Karan Saini son of Gurbachan Singh defendant no.1, whereas 1/2 share of the land and property and Jaffarpur/ Jaafarpur, District Gurdaspur (Punjab) in favour of plaintiff no.1 Kuljinder Kaur wife of Late Shamsher Singh and grandsons Manik and Iqbal (Plaintiffs No.2 & 4) and the entire house/property No.16, Amar Nagar, Ambala Cantt was also wholly bequeathed/willed in favour of Kuljinder Kaur widow of Shamsher Singh, Manik Saini and Iqbal Saini (i.e. plaintiffs No.2 & 4) sons of Shamsher Singh. Photocopy of the registered Will dated 05.02.2009 is being filed with the plaint.

That Labh Singh died on 06.05.2012. Photocopy of death certificate of Labh Singh son of Mehar Singh is being filed with the plaint. That after the death of Labh Singh son of Mehar Singh the plaintiffs No.1, 2 and 4 and Karan Saini son of Gurbachan Singh - defendant no.1 have inherited the entire property as per Will dated 05.02.2009, executed by Labh Singh son of Mehar Singh and mutations of the land and property at Jaffarpur, District Gurdaspur have been entered in the revenue record to the extent of ½ share in the name of Karan Saini and ½ share in the name of Kuljinder Kaur (plaintiff no.1), Manik Saini (plaintiff no.2) and Iqbal Saini (plaintiff no