- By way of present application, the applicant/plaintiff seeks to amend
the present Plaint. - It is submitted in the present application that the Suit for Declaration,
Possession and Permanent Injunction has been filed on behalf of the
applicant/plaintiff for declaration that the GPA allegedly executed by the
defendant No. 2 is forged and fabricated and consequent execution of the
Sale Deed dated 28.02.2001 by the defendant No. 2 in favour of the
defendant No. 3 is null and void. - First Application under Order VI Rule 17 read with Section 151 of
the Code of Civil Procedure, 1908 was filed on behalf of the
applicant/plaintiff which was allowed vide Order dated 15.03.3018 and the
relief of possession was permitted to be included.
CS(OS) 330/2018 Page 2 of 3 - Now, in this second amendment application, it is claimed that since
the defendants are in illegal and unauthorised occupation and possession of
the suit property to the deprivation of the applicant/plaintiff, the
applicant/plaintiff intends to claim the damages/mesne profits/usage charges
for occupation of the suit property by the defendants @ Rs. 2,00,000/- per
annum for the suit property. - Hence, the applicant/plaintiff seeks permission to amend the title of
the present Suit to include the relief of damages/mesne profits/usage
charges. Moreover, the applicant/plaintiff also wishes to insert Paragraph-
16A for claiming damages/mesne profits @ Rs. 2,00,000/- per annum at
least for three years and also interest @ 15% per annum and accordingly
modify the prayer paragraph. - The non-applicant/defendant No. 3 has contested the present
application by asserting that the relief of damages/mesne profits/usage
charges cannot be permitted to be raised after 22 years. The relief sought is
barred by limitation. Moreover, the present application is barred by Order II
Rule 2 of the Code of Civil Procedure, 1908. The application is therefore,
liable to be dismissed. - Submissions heard.
- By way of present application, the applicant/plaintiff is proposing to
claim damages/mesne profits/usage charges of the suit property from the
defendants on account of their alleged illegal possession of the suit property.
The applicant/plaintiff himself has limited his relief to the last three years
which is legally recoverable. - Considering the entire pleadings and the amendments proposed to be
made which are only in the nature of consequential relief to possession
CS(OS) 330/2018 Page 3 of 3
being with the defendants, and the proposed amendments do not change the
nature of the present Suit, the present application is allowed. - Amended Plaint be filed within four weeks.
- Accordingly, the present application is disposed of.
CS(OS) 330/2018 - None is present on behalf of the defendants.
- The defendants are proceeded ex parte.
- List before the Joint Registrar for completion of pleadings and
admission/denial of the documents on 28.03.2024.
(NEENA BANSAL KRISHNA)
JUDGE
FEBRUARY 5, 2024
S.Sharma
