Laxmi Narain Mittal, J. - (1.) CM No. 16423. CII of 2012 Allowed as prayed for. CR No. 3910 of 2012
(2.) AGGRIEVED by order dated 3.1.2012 Annexure P/3 passed by the trial court thereby dismissing application filed by defendants for amendment of their written statement Annexure P/2, defendants have filed this revision petition under Article 227 of the Constitution of India to challenge the said order. The respondent -plaintiff alleged in plaint Annexure P/1 that he is owner of the suit property and defendants have trespassed into it and have taken illegal possession thereof. Accordingly, the plaintiff has inter alia claimed possession of the suit property in the suit. Defendants in their written statement Annexure P/2 admitted the plaintiff to be owner of the suit property and also admitted that the plaintiff was in possession of the suit property till 9.6.1995. The defendants alleged that on 9.6.1995, the plaintiff vide agreement dated 9.6.1995 agreed to sell the suit property and received earnest money and handed over possession of the suit property to the defendants who are in possession thereof since then. The plaintiff also executed power of attorney in favour of father of the defendants.
(3.) IN amendment application, the defendants alleged that Kishan Lal and Nasib Chand are also claiming themselves to be owners of the suit property and they had also filed suit for possession of the suit property and the said suit was dismissed by the trial court and appeal filed by them was pending before Additional District Judge. Accordingly, the defendants by amendment of written statement sought to deny the ownership of the plaintiff over the suit property and also sought to challenge sale deed dated 6.6.1986 vide which the plaintiff had purchased the suit property.;