SANWAL RAM AND ORS Vs. RAMJAN AND ORS

JUDGEMENT

(1.) Heard.

(2.) The appellant plaintiff (deceased-Sanwal Ram) filed present Suit No. 59-A/1967 in the Court of Civil Judge Class-II, Khairagarh against Gulaban Bi, Ramjan Ali, Sattar and Saffir Khan for possession and compensation on the pleading inter alia that the plaintiffs had purchased respective land vide sale deeds Ex. P-1 and Ex. P-2 and were in possession of land as described in two sale deeds. They were enjoying peaceful possession of the land. Their cause of action to file suit arose when in execution of decree passed in favour of Gulaban Bi, the land belonging to appellant was handed over to Gulaban Bi which land is distinct and separate from the land in dispute in litigation between Gulaban Bi and Kale Khan in Civil Suit No. 52-A/1962. On that basis, the plaintiff-appellants claimed possession of their land and also claimed compensation.

(3.) Vide judgment decree dated 31-7-1973, learned trial Court dismissed the suit. Aggrieved by dismissal of the suit, the appellant preferred a Civil Appeal No. 57-A/1973 which was allowed vide judgment and decree dated 16-11-1976 passed by Additional District Judge, Rajnandgaon. Learned District Judge held that rejection of application for amendment was illegal and therefore, plaintiff was permitted to amend plaint reserving consequential right of amendment by the defendant, framing of issue and decision thereon, upon collection of evidence in accordance with law.