Ramesh Chandra Prajapati and Another vs Smt. Girija Devi and Others

Gurusharan Sharma, J.—Heard the parties, plaintiffs suit for declaration of title, confirmation of possession and in alternative for recovery of possession over 10 decimals of land, bearing plot No. 892/16 in Mouza Jiradih Bazar, District-Giridhi was dismissed. They preferred appeal and filed a petition for amendment in plaint. By proposed amendment plaintiffs wanted to introduce a new case that his father, Raghunath Bhagat Prajapati was in physical possession of the suit land since the year 1930, when in original plaint year of obtaining raiyati settlement was mentioned as 1936. They further wanted to introduce the fact that by mistake of scribe, in registered sale deed dated 4.3.1969, state ment regarding raiyati settlement of the suit land was left to the mentioned. It was also alleged that during pendency of suit defendants forcibly dispossessed them from the suit land. By impugned order dated 21.1.2002 their prayer was rejected on the ground that proposed amendment would change nature of suit by introduction of a new case. So far as plaintiffs alleged dis possession is concerned, I find that alternative relief for recovery of possession is already made in the plaint and there is no explanation as to why on account of alleged subsequent event during pendency of suit, plaint was not got amended before disposal of the suit. Now after the trial Court recorded findings on the basis of evidence on record, it may be plaintiffs afterthought. There is no merit in the revision application. It is accordingly, dismissed.