Shree Chandrashekhar, J. - (1.) The petitioners, who are plaintiffs in Title (E) Suit No.42 of 2009, are aggrieved of a part of order dated 17.07.2014 by which the following amendments in the plaint has been declined: "1. That, in 2nd line of para 13(a) of the plaint the word "which has been fully described in schedule B of the plaint" be added, and in 3rd line of para 13(a) the word "vacated" be substituted by word "vacate" and in 6th line of the same para before the word "given" the word "be" be added. 2. That, after para 13(a) of the plaint a new para 13(aa) added with following statement. aa) After adjudication it be declare that the plaintiffs have got valid right title, interest or possession of the suit. 3. That, in 4th line of para 4 of the plaint the word "on certain condition it was arrived between the father of the plaintiff or defendant" be deleted and it place the word "the possession of the defendant over the suit premises is permissive."
(2.) Title (E) Suit No.42 of 2009 was instituted on the ground of default in payment of rent and for the personal necessity of the plaintiffs' sons. The suit was contested by the defendants on various grounds; one of the plea taken by the defendant is that the suit property has been purchased by him from father of the plaintiff no.1. In the pending suit now an application for amendment has been filed by the plaintiffs for incorporating a prayer for declaration of their right, title and interest over the suit property.
(3.) Mr. Atanu Banerjee, the learned counsel for the petitioners submits that in view of the stand taken by the defendant laying a claim over the suit property it became necessary for the plaintiffs to seek a declaration of their right, title and interest over the suit property.;