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Sardar Charan Singh v. Pheru Singh - SECOND APPEAL No. 1095 of 1990 [2006] RD-AH 2031 (25 January 2006)


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Heard the learned counsel for the parties.

While arguing the learned counsel for the respondent-plaintiff submitted that as per the defendants-appellants' case itself the property in question was allotted to defendant-respondent No.2 under the Government Grants Act on lease on account of his being an Ex Army Personnel. The defendant No. 1 is said to have transferred this property through the impugned sale-deed in favour of the appellant-defendant No.2. The learned counsel referring to Section 2 of the Government Grants Act, 1895 with U.P. Amendment has submitted that since the provisions of Transfer of Property Act was not applicable to the property relating to the Government Grants, any such so called sale of the Government Grant property as in the present case would be a sham and void transaction. Such transfer of property was wholly illegal and any transaction as such could not have been made. The plaintiff-respondent had challenged the sale-deed, but just on account of oversight or inadvertence specific plea to this effect could not be taken in the plaint, though very relevant question of law for decision would be available before the Court in case the amendment to this effect is incorporated in the pleadings. The learned counsel, therefore, submits that since before the conclusion of the arguments the plaintiff should be afforded an opportunity to place a case before the Court by way of amendment in the pleadings to facilitate framing such a substantial question of law which might be available only thereafter.

Looking to the entire submissions of the learned counsel I feel inclined to give an opportunity to the plaintiff-respondent to make a written request to the Court for incorporating amendment in the pleadings under Order VI Rule 17 C.P.C. and then will find out if such amendment at this stage is possible and thereafter only to decide this Second Appeal.

The respondent-appellant may move the Court with such prayer for amendment in the pleadings for which the learned counsel prays for and granted two weeks and no more time to make an application along with affidavit.

Counter affidavit, if any, thereafter be filed within one week and rejoinder affidavit may be filed thereafter within one wee.

List thereafter in the second week of March, 2006.




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