Case Note & Summary
The dispute arose from a property ownership issue involving two parties, where the Appellants claimed ownership of a portion of land sold to them, while the Respondents alleged encroachment on their property. The original owner, Sainabi, sold parts of the property to both parties through registered Sale Deeds dated 16th April, 1968, and 27th March, 1971. The Respondents filed a suit for a perpetual injunction against the Appellants, claiming encroachment. The Trial Court dismissed the suit, leading to an appeal where the Respondents sought to amend the plaint to include measurements from a Plan attached to the Sale Deed. The Appellate Court initially allowed the amendment but later disallowed it, leading to further appeals. The Supreme Court ultimately ruled that the Respondents could not rely on the Plan due to the disallowance of the amendment, emphasizing that the case should be decided based on existing pleadings. The Court upheld the finding of encroachment on specific portions of the property but set aside the compensation awarded for other portions due to lack of evidence. The appeal was partially allowed, maintaining the decree regarding the encroachment on marked areas while rejecting the compensation claim.
Headnote
A) Civil Procedure - Amendment of Pleadings - Disallowance of Amendment - Code of Civil Procedure, 1908, Order VI Rule 17 - The Court held that the Respondents could not rely on the Plan annexed to the Sale Deed after their amendment application was disallowed, as it contradicted the directions of the Supreme Court to base the hearing on existing pleadings. The reliance on the Plan was deemed improper, leading to a partial allowance of the appeal (Paras 1-4). B) Property Law - Encroachment - Determination of Encroachment - Not applicable - The Court upheld the finding of encroachment on specific portions marked in the Plan, while rejecting the award of compensation for other portions due to lack of evidence of encroachment based on the Sale Deed description. The appeal was partly allowed, maintaining the decree regarding encroachment on marked portions (Paras 3-4).
Issue of Consideration
Whether the Appellate Court erred in allowing reliance on the Plan annexed to the Sale Deed despite disallowing the amendment of the plaint.
Final Decision
The Supreme Court partially allowed the appeal, upholding the finding of encroachment on specific portions marked in the Plan while setting aside the award of compensation for other portions due to lack of evidence.
Law Points
- Amendment of plaint
- Encroachment
- Integral part of Sale Deed
- Pleadings
- Compensation
