ASHOK KUMAR vs MUNNI DEVI (SINCE DECEASED) THROUGH L.RS AND ANR.

$~20
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 05th February, 2024
+ CS(OS) 330/2018 & I.A. 473/2019
ASHOK KUMAR ….. Plaintiff
Through: Mr. Rajiv Raheja, Advocate.
versus
MUNNI DEVI (SINCE DECEASED) THROUGH L.RS AND ANR.
….. Defendants
Through: None.

CORAM:
HON’BLE MS. JUSTICE NEENA BANSAL KRISHNA
J U D G M E N T (oral)
I.A. 15/2023 (under Order VI Rule 17 read with Section 151 CPC on behalf of the plaintiff)

1. By way of present application, the applicant/plaintiff seeks to amend the present Plaint.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. Submissions heard.
8. 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.
9. Considering the entire pleadings and the amendments proposed to be made which are only in the nature of consequential relief to possession being with the defendants, and the proposed amendments do not change the nature of the present Suit, the present application is allowed.
10. Amended Plaint be filed within four weeks.
11. Accordingly, the present application is disposed of.
CS(OS) 330/2018
12. None is present on behalf of the defendants.
13. The defendants are proceeded ex parte.
14. 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

CS(OS) 330/2018 Page 1 of 3