SANTOSH KUMAR HUI Vs. PRAKASH KUMAR PALIT

JUDGEMENT

(1.) This petition, which arises out of an application under Article 227 of the Constitution of India, is directed against an order dated 14-3-1992 in C.R. 61 of 1991 of the Additional District Judge, Hooghly allowing the revision rejecting the prayer for amendment of the pleading filed by the petitioner.

(2.) The petitioner (hereinafter referred to as plaintiff) filed a suit for specific performance of contract in Title Suit No. 135 / 87 before the lst Court of learned Munsif at Chinsurah, Hooghly against the respondent / opposite party (hereinafter referred to as defendant) inter alia, for compensation by way of interest at the rate of l5% on Rs.1,000 / - from 2/02/1986 together with other consequential reliefs. It is stated by the plaintiff that the defendant / opposite party No. 1 had his land adjacent to residential house of the plaintiff on the North of the suit property. Since the defendant No. 1 was residing at a far-off place intended to sell the suit property. It is stated by the plaintiff that since he is the adjoining owner of disputed plot expressed his desire to purchase the same at Rs. 9,500.00- which was agreed to by the defendant. The plaintiff paid a sum of Rs.1,000.00- as advance or earnest money towards the purchase of the suit property. It was further agreed between the plaintiff and the defendant No. 1 that the latter would receive the balance consideration of Rs. 8,500.00- at the time of the registration of the sale deed and the registration of the document would be completed within a year after obtaining necessary permission from the Urban Land (Ceiling Regulation) Authority. The defendant No. 1 also delivered possession of the suit property to the plaintiff who was the prospective purchaser.

(3.) In or about June 1987, the plaintiff heard a rumour in the village that there was a clandestine talk between the defendant No. 1 and defendant No. 2 and the latter agreed to purchase the same. The plaintiff immediately after having come to know about such proposal approached the defendant No. 2 with the mediation of one Sri Ajit Banerjee to dissuade him from purchasing the same inasmuch as there was a subsisting contract between the defendant No. 1 and plaintiff for the purchase of the suit land. But the defendant No. 2 seemed to be obstinate and was bent upon to purchase the same at a consideration of Rs. 15,000/ -. Therefore, the plaintiff has filed the suit for specific performance of contract.