M.M.SINGH BEDI - (1.) THE Plaintiff - Petitioners have filed an application for framing additional issue claiming that the additional issue arises out of the pleadings of the parties.
(2.) Plaintiffs claimed that they have taken a specific plea in the replication that the suit land had been purchased with the funds of the joint Hindu family property as the ancestral land was acquired by Union of India and the suit property purchased by Defendant - Respondents No. 1 with the funds of the compensation received from Union of India of the ancestral acquired land and the fund contributed by the Plaintiffs and Defendants No. 1 It is claimed that no issue has been framed by the trial Court as such the issue Whether the suit property was purchased by funds received from the ancestral acquired property of the Plaintiffs? OPP. The trial Court has dismissed the application holding that the additional issue which is sought to be framed falls within the comprehensive issue already framed which is as follows: Whether the Plaintiffs and Defendants No. 2 and 3 are owners in possession of their respective houses as per the agreement dated January 12, 1991?
(3.) ON asking of the Court, counsel for the Plaintiff - Petitioners had made available a copy of the agreement dated January 12, 1991 which is stated to be part of the record as Ex.P29. A perusal of the said document indicates that the compensation on account of acquisition on behalf of Plaintiffs and Defendants was received by Karam Singh and his four sons in equal shares after deducting the expenses.;