DEVINDER SINGH Vs. GURBACHAN SINGH

JUDGEMENT

(1.) Challenge in the present petition is to the order dated 12.5.2011 passed by the learned court below whereby an application filed by the petitioner-plaintiff for amendment of the plaint seeking to add the relief for compensation in the alternative, in a suit for possession by way of specific performance of agreement to sell, was dismissed.

(2.) Briefly the facts as are available on record are that the petitioner-plaintiff filed a suit for possession by way of specific performance of agreement to sell dated 29.10.2005 pertaining to land measuring 26 kanals 10 marlas in the revenue limits of village Gobindpura, Tehsil Budhlada, District Mansa. In the alternative, the suit for recovery of Rs. 3,00,000/- as return of earnest money, Rs. 3,00,000/- as penalty and Rs. 6,00,000/- as damages, totaling Rs. 12,00,000/-, along with interest @ 12% per annum, was claimed. The suit was filed on 31.5.2006. After the entire evidence of the parties had been led and the case was fixed for rebuttal and arguments, the application in question was filed seeking to claim relief of damages as a substitution on the ground that the land in question was acquired during the pendency of the proceedings before the learned court below as notification under Section 6 of the Land Acquisition Act, 1894 was issued on 6.1.2011. It was claimed that the respondent-defendant shall be entitled to only the amount as was agreed in terms of the agreement to sell entered into between the parties and the compensation over and above the same shall be the right of the petitioner. The application having been rejected, the petitioner-plaintiff is before this court.

(3.) Learned counsel for the petitioner submitted that development regarding acquisition of the land having taken place during the pendency of the suit and as a result thereof, the agreement to sell has become incapable of performance. In terms of provisions of Section 24 of the Specific Relief Act (for short, the Act'), the petitioner can always seek amendment of the plaint for claiming compensation for non-performance of agreement to sell.