Jagdev Singh VS Gursewak Singh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

RAJESH BINDAL
Jagdev Singh – Appellant
Versus
Gursewak Singh – Respondent

Advocates:
Counsel for the Parties:
For the Petitioner:Mr. Arun Jindal, Advocate
For the Respondent:Mr. Amar Vivek, Advocate

JUDGMENT

Rajesh Bindal, J.—Challenge in the present petition is to the order dated 1.6.2012, passed by the learned court below, whereby the application for amendment of the suit filed by the respondent-plaintiff, was allowed.

2. Brief facts, as are available on record, are that respondent No.1plaintiff filed a suit for recovery of Rs.37,00,000, i.e., Rs.18,50,000 paidas earnest money and Rs.18,50,000 as damages in terms of the agreement to sell dated 28.5.2007, executed by the petitioner in favour of the respondent. Further prayer was made for permanent injunction restraining the petitioner from alienating the suit property. The suit was filed on 14.1.2008. In the aforesaid suit, the respondent-plaintiff filed application for amendment seeking to claim relief of possession by way of specific performance of agreement to sell. The amendment having been allowed by the court below, the order has been impugned in the present petition.

3. Learned counsel for the petitioner submitted that execution of the agreement to sell dated 28.5.2007 is not in dispute. In terms thereof, last date for execution of the sale deed was 30.11.2007. The respondent-plaintiff filed the suit for recovery of earne