RAVINDER SINGH Vs. AMRIK SINGH

JUDGEMENT

(1.) By way of the present revision petition preferred under Article 227 of the Constitution of India, the petitioner assails the order dtd. 6/9/2021 (Annexure P-3), passed by the Civil Judge (Junior Division), Rupnagar vide which the respondent-plaintiff was permitted to give up witness namely Harnek Singh (PW2) inspite of his examination-in-chief having been recorded.

(2.) The facts, briefly put, are that the respondent-plaintiff Amrik Singh filed a suit for possession of house measuring 2 Biswa 8 Biswansi (fully described in the plaint), situated in Village Fatehpur, Tehsil Chamkaur Sahib, District Rupnagar by way of specific performance of agreement to sell dtd. 11/1/2016. It was the case of the respondent-plaintiff that the present petitioner-defendant had agreed to sell his house to the respondent-plaintiff for a consideration of Rs.2,25,000.00 but had backed out of the same. In the alternative, recovery of Rs.3,20,000.00 being double the amount of the earnest money of Rs.1,60,000.00was sought.

(3.) The suit was opposed by the petitioner-defendant. In the written statement (AnnexurP-2), it was pleaded that no such agreement to sell had been executed and that infact a sum of Rs.1,00,000.00 had been taken by the petitionerdefendant on account of the marriage of his daughter. An agreement was executed which was not read by the petitioner-defendant and that the same had been misused by the respondent-plaintiff. During the course of the trial, one person namely Harnek Singh, Numbardar, who was stated to be a witness to the agreement to sell was sought to be examined as PW2. His examination-in-chief by way of an affidavit was recorded and the said affidavit (Annexure P-4) was tendered in evidence. However, on the day when he was to be cross-examined, the respondent-plaintiff made a request to the trial Court that he did not wish to examine PW2 Harnek Singh as a witness and that he wanted to give him up as he had been won over by the petitioner-defendant. The request was allowed leading to the filing of the present revision petition.