BHUPESH KUMAR Vs. KRISHAN KUMAR

JUDGEMENT

(1.) The plaintiff/Revision petitioner filed a suit for specific performance of the agreement for sale but in the prayer column he has sought the relief as follows:-

(2.) The trial Court having held that the suit was originally filed praying for return of the earnest money alone permitted not the plaintiff to plead by way of amendment specific performance of the agreement for sale.

(3.) The learned counsel appearing for the appellant would submit that the plaintiff has pleaded in paragraph Nos. 5, 6, 7, 8 and 9 that he had virtually sought for specific performance of the agreement for sate but unfortunately in the prayer column no direction was sought to the defendant 10 execute the sale deed in terms of the agreement for safe and consequently the suit also was valued only for the amount to be refunded by the defendant.