MOHAN CHAUHAN Vs. TEJ SINGH

JUDGEMENT

(1.) Present revision petition has been filed by the plaintiff (petitioner herein), challenging the order dtd. 8/5/2023 (Annexre P-5) passed by learned Additional Civil Judge (Senior Division), Sonepat, whereby an application under Order VI Rule 17 of the Civil Procedure Code (C.P.C.), for seeking amendment of pleading in the plaint at the instance of plaintiff, has been dismissed.

(2.) Plaintiff filed a civil suit No.335/2018 against the defendants (respondents herein) praying for a decree of possession by way of specific performance of the contract and also to declare the legal notice dtd. 1/6/2016 issued by defendants to the plaintiff through Sh. Ashwani Sharma, Advocate, as illegal, null, void, and not binding on the rights of the plaintiff; along with consequential relief of injunction.

(3.) At the time of entering into agreement to sell, the sale consideration is pleaded to be as Rs.1.00 Crore per acre i.e. totalling to Rs.3,63,12,500.00. On 19/10/2015 i.e. on the same day on which agreement to sell was executed, the defendants received an amount of Rs.36,31,250.00 as earnest money from the plaintiff against proper receipt. Out of the said amount, amount of Rs.34,31,250.00 was received by the defendants in cash while an amount of Rs.2,00,000.00was received by defendants by way of two separate cheques i.e. cheque No.018565 dtd. 19/10/2015 issued in the name of defendant- Tej Ram and cheque No.018566 dtd. 19/10/2015 issued in the name of defendant-Puran Singh of Oriental Bank of Commerce. Both the cheques were realized by these defendants. For the specific performance of the contract, defendants were expected to get the revenue record corrected with respect to the number of mutations and were also required to obtain the no objection certificate (NOC) from the competent Authority before 15/4/2016 i.e. the date fixed for the execution of sale deed and its registration in favour of the plaintiff.