AMRIT LAL Vs. SMT MUNNI DEVI AND ORS

JUDGEMENT

(1.) Plaintiff - Petitioner has invoked jurisdiction of this Court under Article 227 of the Constitution of India, assailing the order dated 22.2.2010 passed by the Civil Judge, Senior Division, Palwal, whereby amendment application moved by the tenant - Respondent was allowed.

(2.) Brief facts of the present case are that Plaintiff - Petitioner filed suit for specific performance of contract on the basis of agreement to sell dated 18.12.2004. Defendants - Respondents herein have filed written statement before the trial Court stating therein that it is wrong to say that the Plaintiff was ready and willing and is still ready and willing to perform his part of the contract. It has further been stated in the written statement that the Defendants are ready and always are ready to perform their part of the contract dated 18.12.2004. It has further been averred in the written statement that Defendants have entered into an agreement to sell 42 Kanals and 04 Marias of land and have not entered into contract to sell the land measuring 82 Kanals and 10 Marlas.

(3.) Defendants have moved an application seeking amendment in the written statement to the effect that the Plaintiff has made serious alteration and additions in the agreement to sell dated 18.12.2004 and has filled up the blanks. Further amendment sought is that Defendants on 25.5.2005 i.e. the date fixed for execution came present before the office of Sub-Registrar, Palwal to execute the sale deed in terms of the agreement to sell dated 18.12.2004, however, Plaintiff did not turn up. It is further averred that it is the Plaintiff, who has failed to perform his part of the contract and Defendants were ready and willing to execute the sale deed pursuant to the agreement to sell. The trial Court vide impugned order allowed the amendment application.