KULVINDER KAUR CHAWLA Vs. RAMLAL SHARMA

JUDGEMENT

(1.) This is an application under Order 6, Rule 17 of the Code of Civil Procedure (for short the 'Code') filed by the defendant seeking amendment in the written statement. The amendment sought is change of date of 25.10.95 appearing in various paragraphs of the written statement to 19.10.1995.

(2.) Plaintiff has filed a suit for specific performance of an agreement to sell dated 30.10.1995. It is alleged that the plaintiff had first purchased ground floor of property in question from the defendant in October, 1995 and the defendant had also entered into an agreement to sell dated 30.10.95 for sale of the first floor alongwith the terrace floor of the suit property for a consideration of Rs.18 lakhs out of which at the time of negotiations a sum of Rs.2,50,000.00 in cash and another sum of Rs.50,000.00 by means of a cheque dated 29.9.95 was given by the plaintiff to the defendant and the balance amount of Rs.15 lakhs was to be paid at the time of registration of the sale deed. However, the defendant inspite of several demands has not completed the sale. Besides claiming specific performance a decree of permanent injunction is also claimed.

(3.) The defendant has filed written statement contesting the suit. It is denied that agreement to sell dated 30.10.1995 was signed by the defendant; this is a forged and fabricated document. The signatures on pages 1 to 3 of this agreement dated 30.10.1995 are forged and these 3 pages have been attached with fourth page of agreement dated 25.10.1995. When this was discovered, a complaint was lodged at Police Station, Kirti Nagar on 27.8.1996. It is also pleaded that plaintiff has also deceptively got executed sale deed of ground floor dated 25.10.1995 without making payment of full sale consideration of Rs.22 lakhs and paid only Rs.3.50 lakhs only on that date besides Rs.50,000.00 paid on 29.9.95 as earnest money and for its cancellation a suit has been filed.