- (1.) This revision petition is directed against the order of Additional District Judge, Patiala whereby he allowed amendment in the written statement on the application filed by the respondents.
(2.) The facts : The petitioners (hereinafter referred to as the plaintiffs) filed a suit for declaration to the effect that they were owners in possession of the land detailed at point 'X' in the preamble of the plaint and that the defendants were not the owners of said land and further the defendants are not their landlords qua the said land nor the relationship of landlord and tenant exist between them and as a consequent relief the defendants could not evict them under the provisions of Punjab Tenancy Act or Pepsu Tenancy Agricultural Land Act. The defendants had instituted ejectment proceedings against them falsely alleging that they were their tenants.
(3.) The defendants controverted the allegations made in the plaint and pleaded that original owner of the land in suit was Rachhpal Singh son of Alam Singh of village Lulon. He executed a registered gift deed dated June 24, 1981 in their favour. Mutation on the basis of that gift was also attested in their favour. The plaintiffs were holding tie land as tenants under Rachhpal Singh and after his death, the plaintiffs become the tenants on the suit land under the defendants. The trial judge decreed the suit of the plaintiffs and held that they were owners of the suit land and not tenants and that the gift deed dated June 24, 1981 was not validly executed by Rachhpal Singh in favour of the defendants. It was the result of misrepresentation, fraud and active participation by the donee in the execution of the gift deed.;