DARSHAN KAUR Vs. PARDEEP KUMAR

JUDGEMENT

(1.) Defendant no. 2 Darshan Kaur by filing this revision petition under Article 227 of the Constitution of India has assailed order dated 16.2.2008 passed by learned Civil Judge (Junior Division), Ludhiana thereby allowing application Annexure P/3 moved by the respondentplaintiff Pardeep Kumar for amendment of plaint.

(2.) Respondent-plaintiff filed suit against defendant no. 2 petitioner and her mother Dan Kaur alias Pritam Kaur defendant no. 1 (since deceased and represented by petitioner as her legal representative) alleging that the defendants agreed to sell suit land measuring 56 kanals 6 marlas to the plaintiff vide agreement dated 17.6.2003. Sale deed for 31/2 acres land i.e. 28 kanals land was to be executed on or before 31.1.2004 and sale deed for the remaining land was to be executed on or before 30.8.2004. The plaintiff has always been ready and willing to perform his part of the contract and asked the defendants to execute the sale deed of 28 kanals land within stipulated period but the defendants postponed the matter as crops were standing and they would not be able to give vacant possession thereof.

(3.) However, the defendants then threatened to alienate the suit land to third person. Accordingly, the plaintiff filed suit on 9.3.2004 seeking permanent injunction restraining the defendants from alienating the suit land to any person except the plaintiff.