KINDER JEET KAUR Vs. KARAM JEET SINGH

JUDGEMENT

(1.) This civil revision is directed against an order of the Civil Judge (Sr. Div.), Rampur dated the 6th of July, 2022, rejecting an application by the defendants to amend their written statement.

(2.) The plaintiff-respondent instituted O.S. No.203 of 2021 before the Civil Judge (Sr. Div.), Rampur for specific performance of contract against the defendant-revisionists. He claimed specific performance of a registered agreement to sell dtd. 30/11/2018, said to be executed in favour of the plaintiff-respondent by defendant-revisionists Nos.3 and 4, to wit, Jagtar Singh and Smt. Sukhraj Kaur. Not to enter the thicket of facts that parties have pleaded in this case, but to take note of those essential, that form the essence of the controversy, leading to this revision, it would, for a first, need be said how the defendant-revisionists are related to each other. The defendant-revisionist No.3 Jagtar Singh, is the son of Smt. Sukhraj Kaur, defendant-revisionist No.4. Defendant-revisionist No.1, Smt. Kinder Jeet Kaur is Jagtar Singh's wife, whereas Master Gurudeep Singh Sandhu, defendant-revisionist No.2, is Jagtar and Kinder Jeet Kaur's son, a minor aged about 12 years. The plaintiff-respondent, Karam Jeet Singh, is a Non-Resident Indian, settled in Birmingham, United Kingdom. He has instituted the present suit for specific performance through his power of attorney holder, Karan Singh, a resident of Village Tali Farm, Post and Tehsil Bajpur in the district of Udham Singh Nagar, Uttarakhand.

(3.) The substance of the plaintiff-respondent's case is that he entered into a contract to purchase the suit property with defendant-revisionists Nos.3 and 4, which is agricultural land, comprising different plot numbers, described in the plaint, admeasuring a total of 2.0305 hectares and situate at Village Shekhupura, Tehsil Swar, District Rampur. The defendant-revisionists Nos.3 and 4 were recorded bhumidhars with transferable rights in the suit property. The plaintiff-respondent, on one hand, and the defendant-revisionists Nos.3 and 4, on the other, according to the plaintiff-respondent, voluntarily entered into the suit agreement dtd. 30/11/2018, duly admitted to registration by the Sub-Registrar, Swar, Rampur, where defendant-revisionists Nos.3 and 4 covenanted to convey the suit property to the plaintiff-respondent for a total sale consideration of Rs.78,52,000.00. The suit agreement, that was executed, was one without possession. Out of the agreed sale consideration, defendant-revisionists Nos.3 and 4, according to the plaintiff-respondent, received an earnest of Rs.70.00 lakhs through cheques and cash, leaving a residue of Rs.8,52,000.00 to be paid at the time of registration of the sale deed. It was covenanted also by parties to the suit agreement that the sale deed would be executed by 1/6/2020. It is the plaintiff's case that well before the arrival of the agreed date i.e. 1/6/2020, defendant-revisionists Nos.3 and 4 gifted away the suit property through registered gift deeds, both dtd. 29/2/2020 in favour of defendant-revisionist Nos.1 and 2. The suit was, therefore, brought for specific performance of the suit agreement, cancellation of the two registered gifted deeds dtd. 29/2/2020, executed by defendant-revisionists Nos.3 and 4 in favour of defendant-revisionist Nos.1 and 2, besides a permanent prohibitory injunction, restraining the defendant-revisionists from further transferring the suit property in favour of any third-party or delivering its possession to anyone else.