Gulzar Singh vs Balwinder Kaur and others

The present revision petition is directed against the impugned order dated 20.11.2017 (Annexure P-13), passed in Case No.2667 of 2014 to

the extent of partly allowing the application filed by the plaintiffrespondent No.1 under Order 6 Rule 17 read with Section 151 CPC seeking

amendment of the plaint at initial stage as issues are yet to be framed.

Learned counsel for the petitioner submitted that in the earlier instituted suit, the plaintiff/respondent No.1 has sought the following relief:-

Suit for declaration to the effect that the plaintiff and the defendants 1 to 3 and 5 to 6 are the owners in possession over the land in the schedule

given below on the basis of natural inherits of the state of decease Sardar Pritam Singh R/o Ahemdabad Tehsil Batala Distt. Gurdaspur and the

defendant No.4 has got absolutely no right title and interest in the suit land with consequential relief restraining the defendant No.2 and 4 from

interfering in the possession of the plaintiff Defendants are alienating any part or portion of the suit land in any manner whatsoever.

OR IN THE ALTERNATIVE

If at any rate it is found that the plaintiff are not possession over the suit land are the plaintiff is dispossessed from the suit land during the pendency

of the suit then suit for possession of the suit land mentioned iun the schedule given below. Schedule Land measuring 67 Kanals 17 Marlas out of

land measuring 124 Kanals 15 Marlas bearing Khasra Nos.25R/3/2 (3-19), 3/3 (2-13), 4/1 (3-16), 7/2 (1.-3), 8/1 (1-12), 8/2 (0-3), 13R 10 (4-

8), 1 (0-5), 11/1/2 (2-0), 11/1/1((3-16) 5R 24/2 (6-9), 25 (1-4), 12 R 4/1 (1-2), 5/1 (0-5) 16R 11/1 (6-16), 11/2 (0-12), 17R 14/3 (046),

15(8- 0) 25 R 3/1 (1-7), 13E 23 (8-0), 16R 3/2 (0-4), 8 (7-7), 12 R 15/4(1-0), 12 R 15/4 (11), 15/4 (1-0), 12 R 24/1 (2-7), 15/3 (1-4) 16/1

(0-19), 24/1 (4-13), 25/2 (1-12), 16/2 (6- 1) 24/2 (1-0), 25/1 (6-8), 13R 20/2 (0-14) 21/1 (1-0), 21/3 (4-0), 21/2 (3-0), 20/3 (1-1), 13 R

20/1/1 (5-12), 22/1/2 (0-7),13R 11/3(0-2), (20/1/1 (0-12) 22/2 (5-2), 12/4 (0-18), 19 (8-0), 22/1/1/(2-11), which is situated at village

shokuwal Jamabandi for the year 2008-2009 Had Bast No.242 tehsil Batala and Distt. Gurdaspur and the land bearing Kharsa No. 13R 13/2/2

(0-75), 13/3 (0-1), 14/2 (0-10), 6/2/2 (0-18), 7/1/2/2 (0-13), 14/1 (3-13), 6/2/1/ (2-1), 7/1/2/1 (0-1), 7/1/1 (4-14), 2/1 (1-14), 8/2/1 (1-18),

13/1 (4-10), 8/1/1 (0-5), 26 (0-9), 83 (0-27) (0- 17), 8/2/1 (1-18), 13/1 (4-10), which is situated at Village Ahmdabad tehsil Batala Distt.

Gurdaspur for the Jamabandi 2005-2006.

However, the amendment application which has been filed post two applications seeking amendment, has been withdrawn claiming the

ownership by way of amendment in the following manner:-

Suit for Declaration to the effect that the plaintiff is the co-sharer, co-owner in joint possession of the land fully detailed and

described in the schedule given below;

A) 5/21 share of land measuring 29 Kls. 2 Mls. , bearing no. Khasras 5R/23/1/2, 24/2, 25, 12R/4/1, 5/1, 16R/11/1, 11/2,

17R/14/3, 15, 25R/3/1, bearing Khewat No.54, Khatuni No. 132, as mentioned in the jamabandi for the year 1998-99, and situated

at Village Gokhuwal, Tehsil Batala.

B) 5/21 share out of 2/3 share of land measuring 14 Kls. 3 Mls. Bearing No. Khasras 12R/14/2, 14/3, 15/2, 16/3, 17/3, 12R/17/1,

12R/17/2, 12R/14/1, bearing Khewat No. 55, Khatuni No. 133 to 136, as mentioned in the jamabandi for the year 1998-99,

situated at Village Gokhuwal, Tehsil Batala.

C) 5/21 share out of 2/3 share of land measuring 23 Kls. 7 Mls. Bearing No. Khasras 13R/23, 16R/3/2, 8, 16R/3/1, Khewat

No.56, Khatuni No.137, 138, as mentioned in the jamabandi for the year 1998-99, situated at Village Gokhuwal, Tehsil Batala.

D) 5/21 share out of 2/9 share of land measuring 36 Kls., No. Khasras 15R/15/4 min lehnda, 12R/15/4 min charda, 12R/24/1 min,

12R/15/3, 16/1, 24/1 min, 12R/25/2, 12R/16/2, 24/2, 25/1, 13R/21/1, 20/2, 13R/21/3,13R/21/2, 13R/20/3, bearing Khewat

No.60, Khatuni No. 143 to 152, as mentioned in the jamabandi for the year 1998-99, situated at Village Gokhuwal, Tehsil Batala.

E) 5/21 share out of 233/464 share of land measuring 23Kls. 4 Mls. No. Khasras 13R/20/1/2, 22/1/2, 13R/20/1/1, 20/2, 13R/11/3,

13R/12/4, 19, 22/1/1, bearing Khewat No.61,Khatuni No.153 to 156, as mentioned in the jamabandi for the year 1998-99, situated

at Village Gokhuwal, Tehsil Batala.

F) 5/21 share out of land measuring 8 Kls. 4 Mls. no. Khasra 25R/3/2, 4/1, 7/2, 8/1, bearing Khewat No.117, Khatuni No.352, as

mentioned in the jamabandi for the year 1998-99, situated at Vilage Gokhuwal, Tehsil Batala

G) 5/21 share out of land measuring 4 Kls. 2 Mls. Bearing No. Khasras 25R/3/2, 8/2, bearing Khewat No.118, Khatuni No. 353,

as mentioned in the jamabandi for the year 1998-99, situated at Village Gokhuwal, Tehsil Batala.

H) 5.21 share out of 1/6 share of land measuring 6 Kls. 8 Mls. bearing No.Khasras 13R/8/2/1, 13/1 min lehnda, 13/13/1 min

charda, bearing Khewat No.18, Khatuni No. 51, 52 as mentioned in the jamabandi for the year 2000- 01, situated at Village

Ahmdabad, Tehsil Batala, with the defendants no.2, 3 5 and 6, having the remaining 16/21 share with the ratios that the defendant

no.2, having 5.21 share, the defendant no.3, having 5/21 share, the defendant no.5 having 3/21 share and the defendant No.6 having

the remaining 3/21 share, and that the defendant no.4 had has got absolutely no right, title and interest whatsoever with the estate of

Pritam Singh and for that matter the suit lands above stated, with consequential relief of permanent injunction to the effect that the

defendants be restrained from illegally and forcibly further selling, mortgaging or in any other manner whatsoever transferring the suit

land by taking benefit of the wrong entries of mutation in their name in the revenue record.

OR

In the alternative suit for Joint possession of the suit lands as mentioned above.

He, thus, submitted that nature of the suit has totally been changed which cannot be permitted in law. The petitioner has propounded the Will of

12.12.2003 executed by Pritam Singh, father of the plaintiff and petitioner-defendant and thus, urges this Court that all the facts, aforementioned

were required to be taken into consideration by the trial court while allowing the application for amendment particularly when the respondents had

been pressing for framing of the issues in respect of the suit filed in the year 2012.

I have heard learned counsel for the petitioner and appraised the paper book.

On conjoint reading of the aforementioned un-amended and amended plaint, I am of the view that there is no limitation vis-a-vis claiming of

declaration on the basis of the title. Even if the jamabandi as sought to be projected in this Court has been changed which will be subject matter of

the evidence and can be rebutted by the petitioner-defendant at the relevant point of time but the amendment sought is innocuous and has not taken

the valuable rights of the petitioner-defendant, much less, would apparently not be barred by law of limitation.

The findings of the Court below, in my view cannot be said to be perverse. No ground is made out for interference in the impugned order.

Consequently, the revision petition stands dismissed.

Anything observed herein would not be construed as an expression of opinion on the merits of the pending suit. In fact, will not take away the

right of petitioner to take all the pleas before the Court below in accordance with law.