JUDGMENT :

1. Heard Sri Nitin Agrawal along with Ms. Priya Dimri, learned counsel for the plaintiff-petitioner and Sri Ashish Kumar Singh, learned counsel for the contesting respondent Nos.1 & 2.

2. The petitioner has preferred the present petition under Article 227 of the Constitution of India with the prayer to annul Judgments and orders dated 06.03.2010 passed by Additional Civil Judge (Senior Division) Court No. 6 Allahabad as well as the order dated 30.11.2015 passed by Additional District Judge, Court No. 10 Allahabad insofar as it relates with the prayer no. (a) of the proposed amendment sought which has been rejected by the trial court and affirmed by the revisional court by means of the impugned orders and substitute the same by its own judgment allowing the amendment application in toto or direct the trial court to decide the amendment application afresh in the light of observation/ direction of this Court.

3. Facts in brief as contained in the petition are that the property bearing house no. 129/Al situated at Darbhanga Colony, District – Allahabad of which the petitioner is sole owner and is in possession. The house no. 129 had been constructed over plot no. 33 Darbhanga Castle compound District Allahabad of which one Chowdhary Labh Singh was the recorded owner. Labh Singh through his will deed dated 29.02.1966 divided the said house in two equal portions bequeathing the same in favour of his two sons through will deed. Northern 1/2 portion of said house was allocated in favour of Shri Surendra Jeet Singh Rekhi/defendant respondent no. 3 and the southern 1/2 portion was allocated to Shri Nirmal Jeet Singh his other son.

4. After the death of Chowdhary Labh Singh the defendant/respondent No.3 became the sole and absolute owner in possession over the northern half portion of House No.129 Darbhanga Castle Colony Allahabad total area 600 Sq. Yards (501.60 Square meters) out of which covered area was 302 Square Yards (252.47 Square Meters) and rest of area 298 Square Yards (249.13 Square Meter) was an open area. The Nagar Nigam allotted House No. 129/1A to the said house in the name of respondent no. 3. The respondent no.3 became absolute recorded owner of the house in question. The respondent no. 3 executed sale deed of the house in question in respect of the area 430 Square Meters (514.39 Sq.) through registered sale deed dated 19.02.1994 in favour of the Plaintiff/petitioner.

5. After execution of sale deed the respondent No.3 remained owner of remaining area 85.61 Sq. Yards (600 -514.39)=85.61. Thereafter the respondent No.3 executed a sale deed dated 26.10.1994 in favour of Smt. Indira Mishra for area 85.16 Sq. Yards = 72 Sq. Yards of the Darbhanga Colony in respect of House No.129/1. Thus, the respondent no.3 sold the entire area of house no. 129/1 Darbhanga Colony Allahabad by means of two sale deeds. Therefore, after execution of the aforesaid two sale deeds, though no area remained with the respondent No.3 even then he executed another sale deed of excess area 80 Sq. Yards of House No. 129/1 Darbhanga Colony Allahabad in favour of defendant/respondent no. 1 through sale deed dated 19.07.1997.

6. It is argued that the aforesaid sale deed could not be executed by the respondent No.3 in favour of the respondent No.1 as the respondent No.1 was never in physical possession over any part of the house in question. It is argued that due to mistake in the sale deed dated 19.02.1994 executed in favour of petitioner, the eastern boundary was wrongly shown to be part of house no. 129/1 Darbhanga Colony Allahabad after the execution of second sale deed dated 26.10.1994 and no area of house in question remained balance. It is argued that on 26.08.2000 and the defendants/respondent no. 1 and 2 tried to interfere in peaceful possession of the Plaintiff/ petitioner and Plaintiff/ petitioner filed Civil Suit being Original.Suit. N