Law:

Section:

Specific Relief Act (I of 1877)--- ----S.42---Civil Procedure Code (V of 1908), O.VI, R.17---Suit for declaration---Minor omission in pleadings---Effect---Land was transferred through gift deed by father in favour of his two sons---Third son of the donor made interpolation in revenue record by inserting his name as one of the donees of gift deed---Original two donees filed suit which was decreed in their favour and upheld upto the Supreme Court---Defendant filed application praying that possession of land handed over to plaintiffs was not mentioned in the plaint, whereof the suit was decreed---Application of the defendant was allowed and trial Court directed to hand over back the property to defendant---Application for amendment of pleadings filed by plaintiff was dismissed---Validity---Decree passed in suit was executed and the entire land owned by father of plaintiff's which was gifted by him in favour of plaintiffs was restored---After lapse of quite some time the defendant moved an application for restoration of some piece of land to him as the same were not mentioned in the plaint in terms whereof the suit was decreed---Trial Court had already held that no portion of land owned by donor father was ever gifted to defendant---Plaintiffs were being deprived of their valuable property for a minor omission and the same was being given to person who had already been declared as not entitled to the same---Minor omission in the plaint would not help the defendant as he had made interpolation in record---Defendant had not shown any right or title to the donated land, therefore he was not entitled to get possession of a piece of land to which he was not entitled---Application by the defendant before Trial Court was dismissed. JUDGMENT SADIQ HUSSAIN BHATTI, J.---These two Revision Applications are connected and I propose to dispose of the same through this common judgment. 2. Facts of the case are that the appellants filed Suit No.215 of 1985 against respondent No.4 wherein it was averred that plaintiff No.1, namely, Ahmed, was the real owner of the suit-land bearing Survey Nos. 5, 6, 246, 247, 422, 423, 424 and 10 in Deh Bhanoki and Survey No.323 in Deh Amri, Taluka…

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