IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of Decision: 07.04.2026 Moti Lal .......... Petitioner Versus Rajeev Marwaha and another .......... Respondents CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA Present: Mr. Santosh Sharma, Advocate for the petitioner-plaintiff.

Mr. Amit Chaudhary, Advocate for respondent No. 1 (through video-conferencing)

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HARKESH MANUJA, J. (ORAL)

By way of present revision petition, challenge has been laid to an order dated 26.08.2015 passed by the Court of learned Civil Judge (Junior Division), Ludhiana, whereby an application filed on behalf of the petitioner-plaintiff seeking amendment of the plaint stands declined.

[2] Briefly stating, an agreement to sell dated 10.10.2008 was entered into between the petitioner/plaintiff-vendee and the respondents- defendants/vendors with respect to a plot measuring 544 square yards situated at Sherpur Kalan, Beantpura, Street No. 6, Ludhiana. As per the agreement to sell, the target date for execution of the sale deed was fixed as 10.06.2009, and a sum of Rs. 1 lakh was paid as earnest money against the total sale consideration of Rs. 15 lakhs. On 20.04.2013, the petitioner- plaintiff filed a suit for permanent injunction with a prayer for restraining the respondents from alienating the suit property. The relevant averments made in paras-8 to10 of the plaint are extracted hereunder:-

“ 8. That on 2.7.2009 i.e. after the date fixed for execution and registration of the sale deed, one of the daughter/legal heirs of Late Shri Krishan Lal namely Mrs. Monika Sabharwal w/o Shri Adheer Paul Sabharwal resident of 630, Brookwood Circle, Ottawa, ONT, K2J 0N6, Canada received sum of Rs.1,00,000/- from the plaintiff as earnest money out of the total sale consideration of Rs.15,00,000/- and after adjusting the earnest money of Rs.1,00,000/-paid to the defendants and Rs.1,00,000/- paid to Mrs. Monika Sabharwal, the plaintiff was to pay the balance sale consideration of Rs.13,00,000/-. The plaintiff has been hectically approaching the defendants with a request to receive the balance sale consideration amount and to execute & register the sale deed in his favour but the defendant always postponed the matter on one of the other false excuses and till date, they have not performed their part of the contract, though the plaintiff is ready and willing to perform his part of the contract since the date of agreement.

9. That yesterday the defendants were found contacting some prospective buyers and on inquiry by the plaintiff, it came to his notice that the defendants are going to alienate the suit property to some third person by ignoring the valuable rights of the plaintiff in the suit property on the basis of agreement to sell dated 10.10.2008. The plaintiff requested the defendants not to alienate any part of the suit property and not to transfer the same in favour of any third person but the defendants did not agree and rather made it clear to the plaintiff that in case the plaintiff wants to get the sale deed executed and registered in his favour from them, then the plaintiff will have to pay an additional amount as per their convenience. The plaintiff told the defendants that they have no right to demand any additional amount and rather they are bound to perform their part of the contract and to execute and register the sale deed of suit property in terms agreement to sell but the defendants flatly refused to accede to the genuine request of the plaintiff and rather threatened to materialize his threats as and when they will get suitable opportunity. The defendants have no right to do any such act detrimental to the interest of the plaintiff and in case, the defendants succeed in implementing their sinister designs, then the plaintiff will suffer an irreparable loss and injury, which cannot be compensated in terms of money and the very purpose of filing the suit shall be defeated. This denial and threatened act on the part of the defendants has given a cause of action