- (1.) The petitioners are against the order dated 17.11.2012 dismissing their application for amendment of the plaint to include the prayer of possession as well.
(2.) In short, the facts, as narrated before me during the course of hearing, are that the petitioners were the owners of land marked by letters DEFGHC, known as M/s New Mahajan Iron Store, as shown in Annexure P-2, attached with the present revision petition. The area falling under the land marked with letters FGHC came under a road to be constructed by the respondent, therefore, it was decided between the parties that the petitioners would be given alternative land marked by letters ABCD. In this regard, the respondent-Trust also passed a resolution no.79 and made the following observations therein:- "While constructing the road under the concerned scheme, 70 sq. yards area of the New Mahajan Iron Store Shop has been taken in the road, which area has been possessed by New Mahajan Iron Store. After giving land in place of land under this, the present market rate @ Rs.9500/- per sq. yard of the remaining area measuring 186.85-70= 116.70 sq. yard be recovered so that the trust be financially benefited from this and will be saved from legal complications."
(3.) Counsel for the petitioners has submitted that the area of the petitioners, which was coming in the road, was 70 sq. yards and the area which is being given to the petitioners was 185.80 sq. yards, therefore, he had to pay the market value @ Rs. 9,500/- of the remaining area of 116.70 sq. yards. The petitioners, being apprehensive that the respondent may not transfer to some other person, the area marked with letters ABCD in their favour, filed suit for permanent injunction to restrain the respondent from illegally and forcibly selling, mortgaging, leasing out, allotting or in any other manner transferring the land in dispute to anybody else.;